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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Paul Boshyk

Partner, Employment & Labour Relations | Executive Compensation

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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Navigating International Student Worker Restrictions: Post-Expiry Guidelines for Employers

On April 30, 2024, Canada’s temporary waiver allowing international students to exceed 20 hours of work per week expired.

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May 14, 2024
Featured Insight

Legal Risk Assessments – An Essential Risk Management Tool

The best way to address the legal issues that arise in any business is to focus on their identification and resolution before they become legal problems.

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May 9, 2024
Featured Insight

Ontario Employers Beware: Common Termination Language Held Unenforceable

Ontario's Superior Court of Justice found that a termination clause was unenforceable because it gave the employer discretion to terminate "at any time".

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Apr 16, 2024
Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

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Apr 12, 2024
Featured Insight

Opa! A Reminder to Employers on the Importance of Proper Investigations

Restaurant employee awarded significant damages for employer's failure to investigate sexual harassment allegations.

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Mar 26, 2024
Featured Insight

Duty to Mitigate Part II – Revenge of the Job Offer

Ontario's Superior Court of Justice found that a terminated employee failed to mitigate by refusing to accept an offer of comparable employment.

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Mar 5, 2024
Featured Insight

Retail Closure Lay-Offs: Frustrating but Not Frustration of Contract

The BC Court of Appeal reinforces that frustration of contract, particularly in the employment context, is a stringent threshold.

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Feb 6, 2024
Featured Insight

Part Two of McMillan’s R. vs Greater Sudbury Webinar

As a follow up to our first webinar back in December 2023 where we considered the history, details and legal implications of the Supreme Court of Canada’s decision in R. v. Greater Sudbury, please join us for “Part 2” where Patrick Groom, Victor Kim and Annik Forristal will be joined by a panel of industry experts.

Details
Thursday, February 8, 2024
Featured Insight

What, I have to find you a job, too? The Onus on Employers to Show a Failure to Mitigate in Wrongful Dismissal Cases

Ontario's Superior Court recently emphasized that the onus is on the employer to show the failure of a former employee to mitigate in wrongful dismissal cases.

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Jan 17, 2024
Featured Insight

BC Court of Appeal Confirms Dishonesty Constitutes Cause for Dismissal – Key Takeaways from Mechalchuk v. Galaxy Motors (1990) Ltd.

The British Columbia Court of Appeal confirms that submitting personal meals as business expenses can constitute cause for dismissal.

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Jan 12, 2024