Bonny Mak advises and advocates for employers. Having practised exclusively labour, employment and human rights law for over a decade, she is experienced in a broad range of industry sectors, issues faced by employers, and legal proceedings. The majority of her work is in support of companies that are national in scope, in which she leverages both her own expertise and that of Fasken’s national labour, employment and human rights team.
Advisory Work
Bonny supports employers in major initiatives impacting employees including: reduction in force, closure of business, sale and acquisition of business, implementation of new or changed policies, and response to union organizing campaigns. Recent examples include:
- Supported the closure of retail and manufacturing operations of a U.S. based client in 3 provinces involving the termination of 240 employees, from which no litigation arose
- Supported the negotiation of a closure and severance agreement between a service industry client and its union
- Formulated a strategy for client in building services sector to stay union free in contract bidding and subcontracting
- Revamped a transportation industry client’s alcohol and drugs policy, including the introduction of a requirement that employees in safety-sensitive positions self-report alcohol or drug addictions to the employer
- Advised a service industry client with salesforce in multiple provinces on changes in sales compensation structure and deferred commissions
- Analysis of retiree benefits buyout scheme under consideration for unionized and non-unionized employee groups potentially impacting thousands of retirees
- Supported distribution centre client in staying union free in the face of an aggressive 3-year organizing campaign
On a day-to-day basis, Bonny helps clients manage their employees and resolve workplace issues. She brings a pragmatic approach to disability management, discipline and termination, investigation of internal complaints, and the development of employment policies and procedures. She has delivered numerous training sessions on union organizing and certification, disability management, workplace harassment and human rights.
Advocacy Work
Bonny represents employers before the Human Rights Tribunal of Ontario, the Canadian Human Rights Commission, the Ontario Labour Relations Board, labour arbitrators, unjust dismissal complaint adjudicators, and courts. Recent examples include:
- Securing dismissal of 10 human rights complaints in 2018-19 before the Human Rights Tribunal of Ontario and Canadian Human Rights Commission without proceeding to hearing or investigation
- Represents a hospital in 9 complaints made by current and former employees to the Human Rights Tribunal of Ontario alleging systemic racial discrimination
- Successfully defended a discharge grievance for a transportation industry client
- In 2018-19, settled 8 grievances, 6 wrongful dismissal actions, and 5 human rights complaints
