Labour & Employment

We help employers to respond quickly and effectively to workforce challenges, providing proactive, practical and innovative advice and assistance on all labour and employment matters. This includes discipline and terminations; employment standards, occupational health and safety, human rights law and the duty to accommodate; privacy issues; personnel policies and contracts; drug and alcohol testing, personal searches and all types of litigation including wrongful dismissal and constructive dismissal claims, human rights complaints, employment standards complaints, and OH&S complaints before all relevant tribunals and courts, including the Supreme Court of Canada.

Our experience representing employers dealing with unions extends back to the very origins of trade union legislation in Western Canada. We provide advice on negotiating strategies and the dynamics of bargaining, negotiate collective agreements on behalf of management, advise on collective agreement interpretation and the grievance process, and represent employers before labour relations boards, arbitration boards and courts. We have comprehensive experience addressing issues such as applications for union certification, unfair labour practices and de-certifications. Our labour law practice is one of the most well-regarded in Western Canada.

We are well-versed on all aspects of compensation, pension and benefits law, including the tax implications of pension, disability and other group benefits plans and the resolution of disputes involving such plans.

Federally regulated employers

 In Canada, specific industries and workplaces are regulated under the Canada Labour Code (the Code). The Code defines the rights and responsibilities of workers and employers in federally regulated workplaces. Labour matters that fall under the Code include industrial relations and collective bargaining; occupational health and safety; standards for hours, wages, vacations and holidays; and administrative monetary penalties.

MLT Aikins is well-versed in the legal nuances that apply to federally regulated employers. We represent private and public employers in a range of industries impacted by the Code, such as federal Crown corporations, aviation and air transportation, banks, maritime, road and rail transportation, telecommunications and broadcasting, postal and courier services, pipelines, grain handling, uranium mining, and oil and gas exploration in the territories. First Nations band councils and Indigenous self-governments are also federally regulated employers (for certain activities).

Our team of lawyers monitors and stays on top of regulatory developments so that employers understand their responsibilities in order to best advise their employees. We have appeared before federal regulators, tribunals and Courts, including the Canada Industrial Relations Board, the Canadian Human Rights Tribunal, the Canadian Industrial Relations Board, Federal Courts and Federal Courts of Appeal. We have also been involved in the negotiation of various collective bargaining agreements.

Join the MLT Aikins Labour & Employment Law Group on LinkedIn.

• Whatcott v. Saskatchewan (Human Rights Commission), 2013 SCC 11, Supreme Court of Canada decision dealing with hate speech under Saskatchewan Human Rights legislation.
• Represented employers in essential services litigation at the Supreme Court of Canada and lower courts.
• Represented companies in mining, construction, industrial, retail, oil and gas, transportation, food services and health care in wrongful dismissal trials, arbitrations and human rights complaints.
• Successfully obtained injunctions for federally and provincially regulated employers during work stoppages.
• Successfully obtained an injunction for a large international corporation in an action for breach of a non-competition agreement and the removal of proprietary information.
• Successfully defended private and public employers in arbitrations involving the duty to accommodate, human rights and harassment issues.
• Drafted drug and alcohol testing policies for several private-sector employers with safety-sensitive operations, and successfully defended those policies at arbitration.
• Provided advice to public sector employers on compliance with statutory duties including freedom of information and protection of privacy
• Conducted interest arbitrations on behalf of public sector employers including urban and rural school divisions.

Federally Regulated Employers

Agriculture & Food

• Advised on general employment and policy development, corporate restructuring, pay equity requirements, employment agreements and policies, and drug and alcohol testing for various grain companies.
• Advised in relation to labour issues and collective bargaining negotiations for an agriculture company.
• Assisted a pea processing company with various matters related to labour and employment, including a matter involving the Manitoba Labour Board.

Financial Services

• Advised one of Canada’s top tier banks on an unjust dismissal claim/complaint.
• Advised a top tier bank on a human rights-related matter.
• Advised a number of banking clients on matters related to employee discipline, unjust dismissal and human rights complaints.
• Assisted federally regulated employers in the banking sector with complaints to the Canadian Human Rights Commission.
• Assisted federally regulated employers in the banking sector with complaints of unjust dismissal pursuant to the Canada Labour Code.
• Assisted federally regulated employers with labour relations-related applications to the Canadian Industrial Labour Relations Board on issues of successorship and certification.
• Assisted federally regulated employers in the banking sector with labour standards compliance.

Indigenous

• Advised and represented Indigenous sector employers during union certification drives and applications for certification before the Canadian Industrial Relations Board.
• Guided and assisted Indigenous sector employers regarding harassment and violence complaints and investigations.
• Represented and advised federally regulated employers in the Indigenous sector regarding employee terminations and unjust dismissal complaints pursuant to the Canada Labour Code.
• Advised federally regulated employers regarding the Pay Equity Act, SC 2018, c 27 and implementation of a workplace pay equity committee.
• Involved in numerous Canada Labor Code adjudications in respect to unjust dismissal complaints, as well as the Federal Court and Federal Court of Appeal on judicial review of decisions.
• Involved in numerous Canadian Human Rights Tribunal hearings, as well as the Federal Court and Federal Court of Appeal.
• Drafted extensive workplace policies for First Nation employers, including workplace discrimination, harassment and lateral violence, drug and alcohol testing, social media, termination, severance and conflict of interest policies.
• Advised a couple of Canada’s top Indigenous economic development corporations on various unjust dismissal, human rights and harassment complaints.
• Advised First Nation governments on various human rights complaints and unjust dismissal complaints and drafted and revised employment policies in compliance with federal legislation.
• Advised a number of First Nation clients on matters relating to employee discipline, unjust dismissal, harassment and human rights complaints.
• Assisted Indigenous clients with preparation of materials in response to a Canadian Human Rights Tribunal hearing.
• Advised First Nation organizations on all manner of employment standards and OHS issues along with Canada Labour Code litigation and human rights complaints.
• Advised or represented First Nations and Indigenous self-governments on unjust dismissal complaints, human rights issues, employee and independent contractor agreements and workplace policies.
• Advised numerous First Nation organizations on various labour and employment issues including collective agreement interpretation, discipline and discharge, employment contracts, labour standards and human rights.

 Transportation (Aviation, Road and Rail)

• Advised transportation companies on matters relating to employee discipline and unjust dismissal complaints.
• Represented a transportation company on an unjust dismissal claim before the Canadian Industrial Relations Board.
• Advised regional airlines in all labour and employment matters. This included collective bargaining, unjust dismissal complaints, human rights complaints, accommodation issues, respectful workplace issues, policy review, drafting and implementation advice and day-to-day questions.
• Advised on general employment, human rights complaints and unjust dismissal for an aerospace company.
• Advised air service providers on labour relations issues and collective bargaining negotiations.
• Acted for a national trucking company with respect to union issues, human rights complaints, employment litigation, privacy issues and employee relations matters.
• Advised on employment matters and OHS matters for an interprovincial trucking company.
• Advised inter-provincial trucking operators with all manner of employment standards issues and Canada Labour Code
• Advised national trucking companies in all manner of labour and employment matters (unjust dismissal complaints, human rights complaints, accommodation issues, respectful workplace issues, policy review, drafting and implementation advice and day-to-day questions).
• Assisted trucking companies with various matters related to labour and employment, including before adjudicators and tribunals.
• Advised a national rail company on wrongful dismissal claims.
• Assisted a railway company with employments matters.

Mining & Natural Resources

• Advised a uranium mining company in relation to employment standards and OHS issues, unjust dismissals and human rights complaints.
• Acted for two major mining companies governed by the Canada Labour Code with respect to collective bargaining, collective agreement administration, Code compliance and grievance arbitration.
• Advised a uranium mining and milling company on pay equity requirements.
• Represented uranium mining companies regarding Canadian Industrial Relations Board applications related to unjust dismissal claims and certification applications, as well as provided advice on various labour and employment matters, including collective bargaining issues, human rights issues and employee discipline issues.
• Advised a uranium mining company with complaints to the Canadian Human Rights Commission.
• Assisted a uranium mining company with labour relations-related applications to the Canadian Industrial Labour Relations Board on issues of successorship and certification.