Our Labour and Employment Group
Within a complex current labour climate – involving constant demographic, legal and technological changes – you unquestionably face tougher decisions than ever before. Borden Ladner Gervais LLP (BLG) works with you to provide practical, timely and tailored advice to guide you through the labyrinth and let you concentrate on what you do best. Leveraging the scope of our professionals across Canada, BLG is your strategic partner on a full range of multi-jurisdictional labour and employment law matters.
BLG truly speaks your language. With experience in both labour and employment laws, the Group works with a wide spectrum of businesses and industries, including private sector businesses, crown corporations and government. Our clients look to us to provide them with the hands-on approach of a boutique firm while offering immediate access to the breadth and depth of expertise available in the largest full-service law firm in Canada.
Always at the forefront of the industry, professionals in the Labour and Employment Group have been consistently featured in the top international legal ranking publications, including the 2011 edition of The Best Lawyers in Canada and the 2009 editions of PLC Which Lawyer? and the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The 2010 edition of Chambers Global – The World's Leading Lawyers, in which the Group is ranked as one of the top in Canada, describes BLG as having “extensive capability in the labour relations, employment law, and pensions domains. The firm can provide comprehensive service on a national level, with key individuals in offices in Calgary, Montréal, Ottawa, Toronto and Vancouver.”
Our clients expect the best possible results. At BLG, we're serious about your success.
Our Services
BLG's Labour and Employment Group is experienced in all aspects of labour and employment law, including:
- Labour Relations Advice
- Labour Relations Board
- Collective Bargaining
- Grievances and Arbitration
- Human Rights
- Occupational Health & Safety
- Business Immigration
- Education Law
- Employment Law Advice
- Employment Standards Complaints
- Wrongful Dismissal
- Employment Contracts
- Restrictive Covenants
- Workers' Compensation
- Pension and Benefits
Labour Relations
At BLG, we regularly advise employers on issues pertaining to unionization of the work force, including the development of strategies and employee communications for non-union employers facing organizing drives.
Our experience covers the entire range of Labour Relations Board proceedings, including certifications and de-certifications, unfair labour practice complaints, strikes, lockouts and picketing, and bad-faith bargaining complaints. In addition, we advise clients on transitional issues such as successorships, common employer applications, and other labour relations applications which may flow from business initiatives such as mergers, acquisitions, relocations and closures.
Members of the Group have extensive experience in collective bargaining, including advising on strategy, communications and collective agreement language, as well as regularly acting as management spokesperson at the bargaining table.
As with any busy labour relations practice, our lawyers spend a substantial part of their time advising clients on the interpretation of their collective agreements, and representing clients in collective agreement rights arbitrations and interest arbitrations.
Our labour relations lawyers have represented employer clients in all forms of labour board and court proceedings arising out of strikes, lockouts, picketing and other forms of industrial conflict. In addition, our lawyers have substantial experience in applications for judicial review from statutory tribunals as well as labour arbitration boards.
Employment Law
Members of our Group have pursued clients' interests in every form of employment litigation, including complaints before the Employment Standards Branch, Workers Compensation Board proceedings, Human Rights complaints and wrongful dismissal actions.
We have applied successfully under the Employment Standards Act for variances and exemptions from the provisions of the Act in appropriate circumstances. We have expertise with regard to Workers Compensation Board matters, including claims and assessment appeals, occupational health and safety advice, and penalty proceedings.
Human rights as an area of law has undergone phenomenal growth over the last 20 years. The subject matter of human rights issues such as the duty to accommodate and sexual harassment arise both in the unionized and the non-union setting, and our lawyers have extensive experience in addressing these issues in both settings.
The wrongful dismissal field is another area which has undergone a tremendous increase in complexity over the last several years. The development of executive-level contracts, and the special issues which may arise upon an executive termination, form an important part of our practice. Developments with respect to the approach that an employer must follow in carrying out a termination, the duty of good faith dealings, and the nuances of determining a sensible severance package are all matters with which our employment lawyers are thoroughly familiar.
Members of the Group have been extensively involved in preparing employment agreements, executive compensation arrangements and severance settlements. We have assisted clients with the design of employee compensation plans, employee stock options and related equity participation plans, as well as advising on taxation aspects of employee compensation.
Occupational Health and Safety and Workers' Compensation
These distinctive areas of the law require knowledge of operational issues and medical concepts. Our practitioners in this area interact with occupational health and safety professionals and doctors to assist clients in the management of relevant issues. We make representations to regulatory authorities on OHS issues and represent employers before the Courts when penal proceedings are filed. On the workers' compensation side, we support employers with assessments, working closely with their actuaries. We provide guidance on Workers Compensation claims and represent employers before the relevant administrative tribunals in case of contestation.
Pension and Benefits
BLG has advised clients on pensions and tax-influenced compensation, pension surplus planning, and the development and design of supplemental pension plans and retirement compensation arrangements. As well, our lawyers have been involved in advising on the design of health and welfare plans.
Business Immigration
BLG assists clients with a full range of services, including advising on maintaining permanent resident status and qualifying for Canadian citizenship, obtaining Canadian work permits, securing temporary resident visas and study permits, extending visa permits, acquiring and maintaining Canadian permanent resident status and Permanent Resident Cards and obtaining Canadian citizenship and Certificates of citizenship.
Education Law
Our Education Group represents educational institutions (school boards, colleges and universities) on all areas of law relevant to them. We bring our special knowledge of the needs of these institutions to bear in handling their legal issues. We have experience dealing with education specific legal issues, such as student discipline and expulsions, accommodation, governance and labour relations.