Employment contracts: We help employers clearly and precisely structure employment contracts to record the parties' rights, obligations and expectations. While written contracts are useful in any employment situation, they are particularly important when hiring or promoting senior executives and other employees whose compensation arrangements are unusual or complex. We have extensive experience in structuring executive compensation arrangements and drafting contracts to ensure that the employment terms are fully and accurately documented.
Employment relationships: With courts expanding the scope of constructive dismissal and increasing notice periods where there is a finding of bad faith, proper management of employee relationships is more important than ever.
If a client is contemplating changes to the terms and conditions of employment, we work with them to avoid constructive dismissal claims. We also advise clients on all aspects of dismissal law, from the management and rehabilitation of a particular employment relationship to the navigation of the termination process.
If a dismissal is for cause, our lawyers help clients build and document cases they can successfully defend at trial, if necessary. If a dismissal is not for cause, we advise employers on how to best structure an appropriate severance package.
Advice: We provide strategic advice and assistance to our clients on such diverse human resources matters as:
- purchase and sale of business
- workforce restructuring, integration or harmonization
- employment policies and procedures
- workplace investigations
- recruitment and retention practices and procedures
- drug testing
- criminal background checks
- conflict resolution
- restrictive covenants
Employment Standards Act, 2000: Employers have an obligation to ensure that their employees’ terms and conditions of employment comply with the myriad obligations set out in the Employment Standards Act, 2000. We regularly advise clients in respect of compliance issues surrounding the Act. We also regularly represent clients at the Ontario Labour Relations Board in respect of compliance and enforcement issues under the Act. Our work in this field covers issues including:
- hours of work and eating periods
- overtime pay
- public holidays
- vacation with pay
- pregnancy and parental leave
- family medical leave
- emergency leave
- lay-off and recall
- termination and severance of employment
We also have extensive experience in advising clients in mass termination situations. If a claim is made, whether by an individual or class of individuals, we help clients by managing the litigation process, negotiating with plaintiff counsel, defending the claim, mediating as appropriate and providing representation at trial, should the matter proceed that far.
