Labour Law
From your first call to us, we’ll have a frank discussion with you about the nature of your labour law dispute. Once the issue is clarified, our lawyers will leave no stone unturned, using all possible legal means to assert your legal rights. If the situation calls for negotiation, we’ll do it. However, if the opposing party refuses to listen to reason, our lawyers will resort to the courts to request the judge to rule in your favor.
At Devichy, we practice labour law with particular attention paid to details, and we keep a close eye on cost control for the client. We’re efficient and organized. Some labor law cases can be referred to our colleagues at Valex + Litigation.
Terminations
- Termination / severance packages for employees, including the calculation of reasonable notice
- Mass termination, transfer, sale or closure of a business
- Allegations and implications for just cause dismissals
- Termination of employees with disabilities without breaking the law
- Temporary lay offs
- Tax implications
- Release of liability
Discipline
- Employee’s Performance
- Escalating discipline procedures, including the building of a case for just cause dismissal
- Suspensions
- Demotions
- Response to complaints from employees and third parties about specific employees
- Enforcement of safety policies through discipline
Policy
- Health and safety policies
- Workplace violence policies
- Sexual harrassment policies
- Disability accommodation policies
- Anti-discrimination policies
- Social media policies
- Non-competition, non-solicitation and confidentiality (trade secrets) policies.
- Employee handbooks, including general employee conduct and expectations
Hiring
- Employment contracts
- Independent and dependent contractor classifications
- Termination clauses to limit the amount of termination pay in lieu of notice to pay a terminated employee
- Restrictive covenants, including non-solicitation, non-competition and confidentiality (trade secret) protection
- Incentive awards (equity granting, RSUs, stock options, etc.)
- Benefits
- Executive compensation
- Discrimination concerns in the hiring process
Human Rights
- Response to disability accommodation requests
- Response to employee allegations of discrimination
- Response to employee allegations of harassment
- Request of medical information
- Drug and alcohol testing
Employment Standards
- Classification of managers and supervisors
- Hours of work and eating periods
- Overtime pay
- Public holidays
- Vacation with pay
- Pregnancy and parental leave
- Family medical leave
- Emergency leave
Workplace Investigations
- Toxic work environment
- Bullying
- Sexual harassment
- Discrimination
- Allegations of cause
- Inappropriate employee behaviour
- Theft
- Insurance fraud
- Whistleblowers
- Breach of restrictive covenants
Litigation
- Wrongful dismissal
- Wrongful resignation
- Constructive dismissal
- Human Rights
- Injunctions to enforce non-competition, non-solicitation and confidentiality (trade secrets)
- Libel and defamation
- Theft recovery
- Breach of commercial agreements (i.e. lawsuits initiated by or against contracted workers)
Occupational Health and Safety
- CSST
- Health and safety policies and training
- Reporting
- Inspections and investigations
- Post-accident investigations
- Appeal of Health and Safety decisions
Union Certification
- Assistance in dealing with Union Certification
(Phone, videoconference, or in-person)
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