Employment Law

The hiring process is the most critical step because it sets the stage for the entire employment relationship. We can assist your organization with the following human rights and private issues which arise at this step:

• What question can be asked during an interview?
• When can an employer require a candidate to consent to a police record check?
• When can an employer require a candidate to provide references?
• What questions can be asked when speaking to a candidate’s reference?
• When should the employer provide the employment contract to the successful candidate?
• What terms and conditions should be included in an employment contract?

The importance of a properly drafted employment contract is too often overlooked. We encourage employers to be proactive in reducing their potential liabilities through the preparation and implementation of enforceable employment contracts.

We pride ourselves in being able to develop contract language specifically tailored to each employer’s particular circumstances. We will assist you in drafting enforceable contracts, or reviewing the terms and conditions of existing contracts to ensure that they provide an adequate level of protection, in the following areas:

• executive compensation;
• termination of employment;
• stock options and bonuses;
• non-solicitation, non-competition and confidentiality clauses; and
• termination and severance.

We provide advice to clients daily on all aspects of federal and provincial employment standards legislation, and provide representation before adjudicators on employment standards appeals, including:

•  Hours of work and overtime
•  Excess hours of work applications
•  Overtime averaging agreements
•  Notice and severance pay issues
•  Maternity and parental leave related issues
•  Public holiday pay
• Members of the Firm have also represented clients in court reviews of such decisions.

The Firm provides day-to-day advice on how to manage difficult or poor performing employees. We assist clients in determining the best course of action to correct the employee behaviour, and in appropriate circumstances, on the most practical way to effect termination of employment.

We pride ourselves on the protections our employment contracts afford our clients in respect of termination of employment. However, if a wrongful dismissal claim is filed, we provide advice and representation at all levels of the courts.

We also advise and assist in the preparation of exit packages and releases to protect against future claims and actions.

The Firm assists and advises companies who must downsize or close their activities. We have experience in dealing with the mass termination provisions under the employment standards legislation and in the preparation of exit packages in these circumstances.