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Employment Advice and Litigation


Proactively engaging valued legal advisors will help you to stay ahead of the curve, enhance your understanding of your legal obligations, ensure you have responsive and efficient policies and practices in place, and could save significant costs and avoid liabilities as you grow your business and market share.
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Overview

Proactively engaging valued legal advisors will help you to stay ahead of the curve, enhance your understanding of your legal obligations, ensure you have responsive and efficient policies and practices in place, and could save significant costs and avoid liabilities as you grow your business and market share.

At Fasken, we strongly believe that effective legal advocacy requires two key ingredients:

  • a thorough understanding of our clients’ business and operations; and
  • a well-rounded and extensive knowledge of the law.

We advise employers from all types of industry and government. Our Labour, Employment and Human Rights (LEHR) team is known for its acumen and attention to strategic, effective, advice. We provide timely, practical advice regarding employment standards such as wage rates, leaves and other basic entitlements. Also, when and if individual or mass termination is required, we will help you strategically plan these events in order to meet organizational goals and minimize the cost of implementation.

For Multinational Corporations (MNCs) that have particular needs as they try to manage a global workforce, we offer focused and cost-effective advice that takes into consideration the global market in which they operate.

In an acquisition, merger or sale, employers must comply with the relevant rules and restrictions. We will assist with restructuring your operations to comply with applicable standards and avoid liabilities and unnecessary friction.

We have extensive experience representing organizations before tribunals and in courts with disputes regarding employment issues involving but not limited to the following:

Wrongful and Constructive Dismissal

Occupational Health and Safety

Breach of Contract

Privacy Breaches

Defamation

Retaliation and Whistleblower Complaints

Discrimination

Sexual or Racial Harassment

Employee Pension and Benefits

Temporary and Permanent Injunctions

Human Rights

Non-compete and Non-solicit provisions

 

Since the start of the COVID-19 pandemic we have seen a sharp increase in legal actions related to constructive dismissal, employer non-enforcement of public health guidelines, and failures to accommodate, among others.

To ensure your business is on the right side of the rules and regulations, and to learn more about the scope of our employment advice and litigation services, subscribe to our HR Space bulletin, browse some of our recent work or contact any member of our LEHR team.

Team

Primary Contacts
  • Andrew Dixon, Partner | Labour, Employment & Human Rights, Calgary, AB, +1 403 261 8481, [email protected]
  • Paul Fouche, Partner | Labour, Employment & Human Rights, Johannesburg, +27 11 586 6021, [email protected]
  • Magali Cournoyer-Proulx, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 5266, [email protected]
  • Sophie Arseneault, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6904, [email protected]
  • Mathias Link, Partner | Labour, Employment & Human Rights, Toronto, ON, +1 416 943 8977, [email protected]
  • Elizabeth Reid, Partner | Labour, Employment & Human Rights, Vancouver, BC, +1 604 631 4999, [email protected]
Andrew Dixon, Partner | Labour, Employment & Human Rights Andrew Dixon Partner | Labour, Employment & Human Rights Calgary, AB +1 403 261 8481
Paul Fouche, Partner | Labour, Employment & Human Rights Paul Fouche Partner | Labour, Employment & Human Rights Johannesburg +27 11 586 6021
Magali Cournoyer-Proulx, Partner | Labour, Employment & Human Rights Magali Cournoyer-Proulx Partner | Labour, Employment & Human Rights Montréal, QC +1 514 397 5266
Sophie Arseneault Ottawa Lawyer Sophie Arseneault Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6904
Mathias Link Toronto Lawyer Mathias Link Partner | Labour, Employment & Human Rights Toronto, ON +1 416 943 8977
Elizabeth Reid, Partner | Labour, Employment & Human Rights Elizabeth Reid Partner | Labour, Employment & Human Rights Vancouver, BC +1 604 631 4999

Experience

  • A client in the Canadian minerals industry seeks advice from Fasken regarding a major issue with a highly qualified employee's work permit, [Deal - Confidential], Assisted a client in the Canadian minerals sector with restoring a key employee's work authorization and offered continuous advice on employment and immigration regulations.
  • A Canadian specialist in bathroom products relies on Fasken for recruitment processes questions, [Deal - Confidential], Recruitment processes questions for a Canadian specialist in bathroom products.
  • York University successful in having termination for benefits fraud upheld, [Case - York University], Top ranked international teaching and research university defends termination grievance
  • Rayonier Inc. successfully defends against union policy grievances alleging violation of the Canadian Charter of Rights and Freedoms, [Case - Rayonier Inc.], Defense against grievances regarding the age 65 cut-off provision in a long-term disability benefits plan
  • City of Blainville succeeds in tribunal against allegations that the city had illegally carried out temporary layoffs of permanent Union employees, [Case - City of Blainville], Allegations by the Canadian Union of Public Employees (“CUPE”) that the city had illegally carried out temporary layoffs.
  • Successfully advised the federal public servant in its defense about a reprisal complaint., [Case - Confidential Client], The Public Servants Disclosure Protection Tribunal hears complaints related to reprisals taken against federal public servants following the disclosure of wrongdoings. This tribunal rarely sits given the low volume of files generated by its highly specialized jurisdiction. After years of proceedi...
  • PDFTron receives private equity investment from Silversmith Capital Partners, [Deal - PDFTron Systems Inc.], PDFTron has secured a US$71 million investment from Silversmith Capital Partners. This investment will be used to support PDFTron’s R&D and product development resources, and to pursue acquisitions in both North America and Europe. PDFTron is a leading provider of document processing tools for s...
  • Industrial Alliance Insurance and Financial Services was represented before all levels of courts, [Case - Industrial Alliance Insurance and Financial Services Inc.], On November 16, 2018, the Supreme Court of Canada ruled in favour of Industrial Alliance Insurance and Financial Services Inc. (IA) in a case involving the right of any individual to express himself or herself in the official language of his or her choice before any federal court or tribunal in C...
  • Groupe Technologies Desjardins succeeds in front of The Quebec Superior Court, [Case - Groupe Technologies Desjardins Inc.], An employee had worked for 19 years Desjardins Group, the last six of which with GTD. After being notified her position was abolished and her employment terminated, she filed a complaint under section 124 of the LSA against this measure. In Québec, section 124 of the LSA allows an employee who ha...

Knowledge

  • New Standards and Proposed Requirements Under the Federal Accessible Canada Act, 4/2/2025
  • A Win for Employers: Application of Vaccination Policy Not Discriminatory, 11/27/2024
  • Less is More: Ontario Court Finds Termination Provision Enforceable, 11/22/2024
  • Ontario Judge Finds Another Way to Void Termination Provision in Employment Contract, 3/3/2024
  • Can a member’s pension fund be attached to pay for future or arrear maintenance?, 12/6/2023
  • Can South African Labour Law Apply to Employees Working in Other Countries? The Jurisdiction of South African Labour Forums in respect of Employees Working Abroad and the Legal Principles of Extra-Territoriality, 7/31/2023
  • Creating a Workplace Mandatory Vaccination Policy, 8/24/2021
  • Temporary Foreign Worker Registries, 12/2/2020
  • Bill 8: Major Changes To Employment Standards Act Introduced, 4/30/2019
  • Fasken’s Labour, Employment and Human Rights Webinar Series, Workplaces across the country are evolving as Canadians reassess how, when, where and why they work. At the same time – and often in response to these trends – the laws that apply to Canadian employers are changing, creating new obligations and increased oversight of employers.

Events

  • CLC Part II Challenges: Managing Workplace Violence and Harassment Complaints, Investigations, and Reprisal Risks, 6/17/2026
  • Bill 27: from compliance to HR strategy, 5/28/2026
  • Current Provincial and Federal Pay Equity Topics, 9/25/2024
  • Current Provincial and Federal Pay Equity Topics, 10/18/2023
  • New federal legislation on the use of forced labour: your supply chain in the spotlight, 10/5/2023
  • Negotiating Your Collective Agreement – How to prepare?, 9/13/2023
  • Workplace accommodation: Where do we draw the line?, 6/14/2023
  • Amendments to the Competition Act: What are the implications for employers?, 5/17/2023
  • Theft or Breach of Employee Data: 10 Practical Tips to Avoid a Crisis and How to Manage One if It Happens, 3/22/2023
  • Employment Issues for Remote Workers, 2/23/2021

News

  • 60 Fasken Lawyers in 27 Practice Areas Recognized in the 2021 Chambers Global Guide, 2/18/2021
  • 55 Fasken Lawyers in 26 Practice Areas Firm-wide Recognized in the 2019 Chambers Global Guide, 2/14/2019
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Employees’ right to paid leave for voting in municipal elections, 10/27/2017
  • 2016 Canadian Legal Lexpert Directory recommends 169 Fasken Martineau Lawyers, 6/30/2016

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