Employment & Labour Relations

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Employment and labour relations law is multifaceted. Laws governing the relationship between organizations and their employees are constantly changing and can differ significantly from province to province, country to country and industry to industry.

McMillan’s Employment and Labour Relations Group advises Canadian and international clients on all aspects of provincial and federal employment and labour law, delivering practical counsel that is focused on protecting our clients’ interests while adhering to the law.

We help organizations define employment relationships and employee obligations at the best possible time—at the point of hiring. We help create effective employment agreements, customized to each client’s unique needs and governing legislation, that assist both parties in understanding the expectations of the position and the terms that will guide their working relationship.

While our focus is on helping implement employment and labour relations practices that minimize potential conflict, we recognize that disputes are sometimes unavoidable. When they occur, we provide clients with strong, effective representation that advocates for their best interests. We have represented clients at all levels of provincial and federal courts, human rights tribunals, labour relations boards, arbitration and government administrative bodies.

McMillan’s employment law experts are ready to help clients with:

Designing customized employment agreements and workplace policies in compliance with applicable laws
Establishing performance management processes
Advising on employee dismissals, severance arrangements and termination documents
Counseling on response to demand letters and claims subsequent to dismissals
Advising on wrongful dismissal actions
Establishing workplace privacy policies
Advising on employment issues relative to mergers and acquisitions.

Other areas in which McMillan’s Employment and Labour Relations Group is skilled include executive compensation; workplace harassment and discrimination policies and procedures; labour arbitration; labour relations; pension legislation; business immigration; and employment litigation.

In these areas, some of the aspects in which McMillan’s employment and labour lawyers offer expertise include:

Creating compensation arrangements for domestic employees and foreign workers;
Counseling on options regarding equity plans, deferred compensation arrangements, pensions and benefits, retirement plans, pay-for-performance, taxation and corporate governance
Advising on the impact of mergers and acquisitions on executive compensation and employment issues
Advising on appropriate organizational policies and procedures to address workplace harassment and discrimination allegations
Defending harassment and discrimination claims made in connection with wrongful dismissal actions
Drafting comprehensive disability leave policies and establishing return-to-work plans and accommodation steps
Advising on collective bargaining
Counselling on strikes and lockouts—drafting communications on the employer’s behalf and securing injunctive relief
Providing pension advice, document preparation and review of plan governance, administration and member services, investment management, and compliance monitoring
Negotiating with third-party service providers and documenting service arrangements
Assisting with a wide range of business immigration documents
Advising on the impact of mergers, acquisitions and other business transactions on existing foreign worker work permits
Counselling on the range of options for settling labour disputes including mediation and recommending an appropriate approach
Acting for clients throughout the litigation process, including before trial and appellate courts, where mediation is not successful.