We help solve employment problems.
The Employment and Labour Law Team and KMB Law first seeks to understand the industry and the context of a business. Then we assess every legal risk and opportunities in order to provide practical advice to the business. When disputes arise, we litigate and advocate. Our experience allows us to provide both urgent and long-term strategic advice for any employment matter in a workplace.
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Employment and Labour Law
We know that employees are at the heart of any business. Managing the employer-employee relationship demands thoughtful and thorough advice.
We give timely and practical advice that constantly considers the nature of the industry, our client’s operations and goals, and the real-world consequences of a decision.
We are always accessible to our clients as soon as they need us to address a problem or provide a creative solution.
We advise employers on all of the following employment and labour law problems and solutions.
- Immediate Day-to-Day Advice
- Workplace Management
- Employee Policies and Handbooks
- Pre-employment Matters (job advertisements, interviews, hiring)
- Employment Contract Drafting and Review
- Independent Contractors
- Commission Agreements
- Temporary Layoffs and Leaves
- Employee Benefits
- Unionization, Collective Agreements and Collective Bargaining
- Performance Management and Discipline
- Restrictive Covenants (Non-Compete, Non-Solicit, Confidentiality, Intellectual Property)
- Bullying, Harassment, and Violence in the Workplace
- Employment Standards Issues
- Health and Safety
- Worker Training
- Work Refusals
- Management Training Seminars
- Executive Compensation
- Employment Matters in Corporate Transactions (asset sales, share sales)
Human rights issues in workplaces can be multi-faceted and costly to employers. Employers may unintentionally offend human rights law in enforcing seemingly reasonable policies.
For those reasons, we reserve time to consider human rights implications in every employment matter we analyze. We provide solutions-focused advice to help businesses properly address human rights issues, before and after they arise.
We help employers with all of the following matters.
- Compliance with Human Rights Laws
- Preventative Measures
- Diversity, Equity and Inclusion
- Accommodation in the Workplace
- Employee Medical Information
- Vaccination in the Workplace
- Employee Privacy
- Absenteeism and Attendance Management
- Discrimination, Racism, Sexism, and Other Human Rights Claims
- Substance Abuse in the Workplace
- Pay Equity
- Policy Creation and Implementation
- Advising on Special Programs (affirmative action)
Employers have legal obligations to investigate certain workplace matters. Effective workplace investigations should be fair and thorough, sometimes requiring outside help to ensure impartiality. As experienced investigators with knowledge of the applicable laws and policies on investigation, we conduct confidential investigations to confirm facts, mitigate risk, and recommend next steps. We also perform workplace audits, assist internal HR investigators with the legal requirements of investigations, and advise businesses on how to manage complex investigations
We conduct investigations into any workplace conduct, including:
- Workplace Harassment
- Workplace Violence
- Pay Equity
- Employee Misconduct (on-duty and off-duty)
- Policy Breaches
- Health and Safety Violations
- Unsafe Work
- Privacy Breaches
- Other Questionable Conduct
When disputes can’t be resolved, we support our clients in litigation with our knowledge of the law and tactical advocacy skills. We represent employers and businesses in a variety of litigation matters before courts, tribunals, adjudicators, mediators, and regulators.
- Wrongful Dismissal
- Disputes with Employees
- Severance Negotiations
- Enforcement of Non-Competition and Non-Solicitation Agreements
- Grievance Arbitrations
- Unfair Labour Practice Complaints
- Human Rights Applications
- Ministry of Labour Complaints
- Employment Standards Complaints
- Canada Labour Code Matters
- WSIB Matters
- Provincial Offences (OHSA Prosecutions)
- Workplace Safety Litigation
- Appeals and Judicial Review
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