Businessman running fast upstairs
Businessman running fast upstairs
Businessman running fast upstairs

Workplace Law for Businesses

Laws governing the relationship between employers and their workers are constantly changing, and differ significantly from province-to-province and industry-to-industry.  McMillan’s employment, labour relations, executive compensation and business immigration specialists are here to help management navigate this complex legal framework.  We provide practical and responsive advice to businesses, with a view to helping companies attract and retain talent, avoid workplace disputes, and maintain labour relations peace.

McMillan’s Employment Law Team advises businesses on all aspects of provincial and federal employment law, delivering practical counsel focused on protecting management’s interests.  We help businesses with hiring and termination (including wrongful and unjust dismissals), employment standards (including wage and hour compliance), drafting and reviewing employment contracts, employee handbooks and workplace policies, hybrid and remote work arrangements, workplace harassment prevention and response, human rights, employee privacy, occupational health and safety, and workers’ compensation matters.  When conflict in the workplace occurs, we provide clients with strong, effective representation that advocates for their best interests.

Our Labour Relations Team advises and represents businesses on a wide range of labour relations matters, from a union’s initial efforts to organize employees, to the negotiation of collective agreements and dispute resolution. We assist management with certification applications, collective agreement negotiations, strikes and lockouts, including drafting communications on the employer’s behalf, securing injunctions and even acting as spokespersons for management. Our lawyers are experienced advocates at arbitrations and before labour relations tribunals, and can assist with either reaching a resolution through mediation or advocating through the arbitration process.

Members of our Business Immigration Team provide advice across all industries and on all aspects of Canadian business immigration, including labour market impact assessments (“LMIAs”), intra-company transfers under CUSMA, CETA, CPTPP, GATS and other free trade agreements, CUSMA, CPTPP professional work permit applications, business visitor and after-sales service issues, rehabilitation applications and permanent residency applications, including provincial nominee applications. We work directly with the client to evaluate the best option in order to obtain the required immigration approvals without having to go through the LMIA process. We develop persuasive and strong applications and make ourselves available to the client or its employees should they require assistance while making the application. We ensure that our clients can continue to run their business with the workers they need, when they need them.

Deals and Cases

Employment

Labour Relations

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Primary Contacts

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Dave J. G. McKechnie

Partner, Employment & Labour Relations

Shari Munk-Manel

Office Management Partner, Montréal
Partner | Employment & Labour Relations

Martin J. Thompson

Office Management Partner, Ottawa
Partner | Employment & Labour Relations

Deals and Cases

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Insights (10 Posts)View More

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Return-to-Office Mandate Triggers Constructive Dismissal (… This Time)

An employer’s return-to-office mandate constituted grounds for constructive dismissal of an employee with a longstanding work-from-home arrangement.

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The End of a Saga: Application of Due Diligence Assessment Criteria for “Employers” in R v. Sudbury Upheld

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Tax Court Agrees that Payments Recorded as “Salary” Were Actually Shareholder Loans

The Tax Court's decision in Malamute shows how casual annotations on cheques can cause serious problems with revenue officials for owner-managed businesses.

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Apr 2, 2025
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Who’s the boss? B.C. Court of Appeal Clarifies Test for Common Employer Doctrine

The BC Court of Appeal clarifies test to determine whether two companies are a common employer for the purpose of liability for employment obligations.

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Mar 25, 2025
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Special Measures for Employers Introduced in Response to U.S. Tariffs

The federal government recently introduced special measures to the Work-Sharing Program to help mitigate the impact of U.S. tariffs on employers and employees.

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Mar 20, 2025
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Poisoned Workplace Leads to $25,000 in Damages

An employer was dinged with a $25,000 human rights damages award after it created a culture of intimidation and made sexually charged comments.

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Mar 12, 2025
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Share Buy Back Clause Spares Employer from 20 Months’ Profit-Sharing Damages

A well-drafted share buy back clause can limit an employee’s entitlement to shareholder profit sharing payments during the common law reasonable notice period.

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Feb 24, 2025
Featured Insight

Navigating Economic Uncertainty: What Companies Need to Know About Force Majeure Clauses Under Quebec Law

This bulletin explores what constitutes a force majeure clause and how it is applied in B2B commercial agreements.

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Feb 18, 2025
Featured Insight

The Pause on the Tariff War: How Businesses Can Use the Reprieve Wisely

Canadian businesses should prepare for US tariffs, set for March 4, 2025, by considering availability of duty drawbacks and remission applications.

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Feb 5, 2025
Featured Insight

Trade Wars and the Workplace: An Employer’s Guide to Temporary Layoffs

Amid the uncertainty of a trade war, employers are well-advised to review the rules and legal consequences of temporary layoffs.

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Feb 5, 2025