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Labour Relations and Collective Bargaining


The foundation of good labour relations lies in clear communication, and strong yet respectful management. Fasken LEHR lawyers have a long history of providing advice to and representing employers with unionized workers with respect to all their labour needs. In many cases, our client relationships date back decades, with clients placing great trust in our team to provide strategic guidance and representation.
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Overview

The foundation of good labour relations lies in clear communication, and strong yet respectful management. Fasken Labour, Employment & Human Rights (LEHR) lawyers have a long history of providing advice to and representing employers with unionized workers with respect to all their labour needs. In many cases, our client relationships date back decades, with clients placing great trust in our team to provide strategic guidance and representation.

In labour relations matters, our team supports employers in the context of organizing campaigns and assists with applications for certification, decertification, related employer/successorship and unfair labour practice complaints before Canadian provincial labour boards, the Canada Industrial Relations Board, and South Africa’s Labour Appeal Court. If injunctions are necessary or a decision needs to be judicially reviewed, we will represent your company’s interests in court. We also help with grievance arbitrations, including with policy and interpretation grievances, and in discipline/discharge, work assignment and contracting out cases.

When collective agreements need to be negotiated or renegotiated, we use a holistic approach to craft and implement the appropriate action plan to assist you to meet your business needs. This may include preparing your proposals, reviewing and critiquing union demands and acting as spokesperson at the bargaining table. In addition, we manage media relations and communications with employees, train client negotiation teams for bargaining, and provide guidance in contract administration once an agreement has been reached.

Our clients include public institutions such as hospitals, school boards and universities and colleges, Crown corporations, rail, automotive and aviation companies, multinational corporations, among others.

As one of the largest labour, employment and human rights practices in Canada, we can address your labour needs across the country in a coordinated manner that is consistent, concise, and cost-effective.

To learn more about how we can assist you with labour relations and collective bargaining needs, subscribe to our HR Space bulletin. You can also browse some of our recent experience or contact any of our lawyers.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory in Labour Relations, Canadian Legal Lexpert Directory 2017 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Pensions & Employee Benefits, Canadian Legal Lexpert Directory 2020 to 2025

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]
  • Rhéaume Perreault, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 7409, [email protected]
  • Sébastien Lorquet, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6891, [email protected]
  • David T. McDonald, Partner | Labour, Employment & Human Rights, Vancouver, BC, +1 604 631 4751, [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
Rhéaume Perrault Montréal Partner/Associé Rhéaume Perreault Partner | Labour, Employment & Human Rights Montréal, QC +1 514 397 7409
Sebastien Lorquet Ottawa Lawyer Sébastien Lorquet Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6891
David T. McDonald, Partner | Labour, Employment & Human Rights David T. McDonald Partner | Labour, Employment & Human Rights Vancouver, BC +1 604 631 4751

Experience

  • Air Canada secures favourable arbitration outcome in national flight attendant wage dispute, [Case - Air Canada], Canada’s largest airline prevails in binding arbitration ending nationwide flight attendant wage dispute.
  • Industrial Inquiry Commission releases key recommendations for labour dispute at Canada Post, [Case - Canada Post Corporation], Canada Post navigates high-stakes labour dispute with its largest union as Industrial Inquiry Commission report recommends reforms.
  • Fasken represented the Government of Quebec in a conventional arbitration regarding the compensation of government lawyers and notaries, [Case - Government of Québec], Representation of the Government of Quebec in an arbitration regarding remuneration.
  • Humber River Hospital successful in having related employer and sale of business application dismissed by labour board, [Case - Humber River Hospital], Labour board dismisses related employer application as no prima facie case established
  • Fasken represented the Government of Quebec on a working parity committee regarding the distinct status of government lawyers and notaries, [Case - Government of Québec], Representation of the Government of Quebec on a working parity committee regarding the status of government employees.
  • Air Canada successful in defending challenges to its language requirements and testing practices for customer service employees, [Case - Air Canada], Policy and individual grievances alleged that Air Canada improperly forced commitments of hire on individuals hired outside of Air Canada's larger stations
  • Air Canada successful in defending its bilingual staffing requirements for cabin crew, [Case - Air Canada], Grievance challenging the application of complex collective agreement provisions related to the service of Air Canada’s customers in both official languages and the seniority rights of cabin crew.
  • 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

Knowledge

  • Out of Office for Father’s Day and Beyond: What Employers and Parents Need to Know About New Parental Leave Rights, 6/18/2026
  • Labour Appeal Court Confirms Dismissal for Unauthorised Gathering and Insubordination, 2/11/2026
  • Hedging your bets in litigation is not permissible, 5/8/2025
  • Qualifications Over Functions: Teacher Bargaining Units Redefined, 4/22/2025
  • New Standards and Proposed Requirements Under the Federal Accessible Canada Act, 4/2/2025
  • Implementation Date for Employment Equity Act Amendments Announced, 12/9/2024
  • Is severance pay always there for the taking?, 11/6/2024
  • No right to use replacement labour in a defensive lock-out after the strike has ended, 7/3/2024
  • Selected Tax Measures in the 2024 Federal Budget – Canada, 4/17/2024
  • 2024 Increase in the earnings threshold, prescribed by the basic conditions of employment act 75 of 1997, 3/8/2024

Events

  • 2025 Labour, Employment and Human Rights Fall Series, 11/29/2025
  • A Practical and Legal Guide to Job Interviews and Pre-employment Questionnaires, 12/13/2023
  • Labour Law: Year in Review, 11/14/2023
  • Negotiating Your Collective Agreement – How to prepare?, 9/13/2023
  • Amendments to the Competition Act: What are the implications for employers?, 5/17/2023
  • When Artificial Intelligence invites itself into the Human Resources Management of Organizations, 4/19/2023
  • Theft or Breach of Employee Data: 10 Practical Tips to Avoid a Crisis and How to Manage One if It Happens, 3/22/2023
  • Cover Your Bases: Navigating Equity, Diversity & Inclusion Considerations from Inside Out, 2/14/2023
  • Forum droit du travail de Québec, 11/23/2022
  • How the AOHS and AIAOD Reforms Will Affect your Day-to-Day - New Amendments Coming Into Force on October 6, 2022, 9/21/2022

News

  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • 2016 Canadian Legal Lexpert Directory recommends 169 Fasken Martineau Lawyers, 6/30/2016
  • 2015 Lexpert directory recommends 158 Fasken Martineau Lawyers, 6/25/2015
  • Engineering News quotes Ludwig Frahm-Arp and Paul Fouche in an article on the Amendments to the Labour Relations Act (LRA) in South Africa, 1/16/2015

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