Labour & Employment

Stewart McKelvey has Atlantic Canada’s largest Labour & Employment Group with nationally recognized practitioners in each province. We advise on all workplace issues for both non-union and unionized clients who are provincial, national or international and operating in both the private and public sectors. We recognize that workplace issues are time sensitive and our lawyers are available whenever you need us. Representative areas of our practice include:

COVID-19

During COVID-19 we have continued to help our clients navigate through the complex and ever-changing labour and employment legal landscape by providing advice on a range of issues, including:

• The ever-changing provincial and federal COVID-19 legislations, regulations and support programs
• Workplace re-opening plans
• Mental health considerations and accommodations during the pandemic
• Workplace mask mandates
• Vaccination leave for employees

Employment

We provide a full range of services required in today’s complex employment environment with an ever-changing statutory regime, an aging workforce and the increasing importance of human capital. Areas on which we regularly advise include:

• Employment, Contractor & Consultant Contracts
• Executive Compensation
• Workplace Policies & Procedures
• Business Restructurings
• Purchase & Sale of Businesses
• Employment Standards
• Workplace Investigations
• Terminations (and avoiding constructive dismissals)
• Litigation – Terminations, Restrictive Covenants etc
• Employment Equity & Pay Equity

Labour

Stewart McKelvey represents many of Atlantic Canada’s leading corporate and institutional employers, both large and small, including many governed by the Canada Labour Code. Matters on which we frequently provide advice include:

• Collective Agreement Interpretation and Administration
• Collective Bargaining
• Grievance and Interest Arbitrations
• Strikes & Lockouts
• Jurisdictional Disputes
• Labour Board proceedings including Certification, Decertification, Common Employer and Successor Rights

Human Rights

Occupational health & safety

Employers recognize the need to operate with a clear focus on workplace health & safety. We regularly advise and assist on such matters as:

• Health & Safety Policies
• Drug & Alcohol Testing Procedures & Protocols
• Incident Responses (both internally & to Government)
• Defending Prosecutions

Pensions and Benefits

In addition, our Labour & Employment Group includes many lawyers advising on Workers’ Compensation, Workplace Privacy and Immigration.

Podcast

We are pleased to present our podcast, Workplace Issues in Atlantic Canada: A Legal Perspective. In this series, our labour and employment lawyers across the region will discuss hot topics affecting the workplace, and what employers should know to stay ahead. Watch or listen to the episodes below, and stay tuned for more!

• August 3, 2021: The Federal Pay Equity Act and Regulations (YouTube / Spotify / Apple Podcasts / Google Podcasts)
• May 20, 2021: Federal Work Place Harassment and Violence Prevention Regulations – A Guideline for Employers in Atlantic Canada (YouTube / Spotify / Apple Podcasts / Google Podcasts)

Webinars

Workplace issues change rapidly, and we know how important it is for our clients to be up to date. To support this, our labour and employment lawyers host a number of webinars on a range of topics throughout the year. To view previous sessions, please click on one of the following titles (please note these are intended to be general information only and do not constitute legal advice):

2022:

• March 24: Navigating Section 240

2021

• November 23: Trending topics
• October 28: Discrimination, harassment and workplace investigations
• September 2: Mandatory vaccinations: Calling the shots – Labour and Employment webinar
• February 25: Labour and Employment Webinar: Vaccines in the Workplace

2020

• November 17: Labour and Employment Webinar Series: Hot Topics Session #1
• November 10: Labour and Employment Webinar Series – Part #2: Mental Health
• November 3: Labour and Employment Webinar Series: Hot Topics Session #2
• October 22: Labour and Employment Webinar Series – Part #1: Harassment
• June 18: Getting Back to the Office: Your Questions Answered
• June 11: Post COVID-19 Employment: Changing Terms, Compensation and Benefits and Dealing with Redundancies
• June 9: Working from Home: Legal Issues
• June 4: Navigating COVID-19 Emergency Response Measures
• May 29: Top 10 COVID-19 Return to Work Issues
• May 14: Emerging Legal Issues as we Reboot our Economies

Insights

Throughout the year, our labour and employment lawyers provide written insights and updates on recent case law and legislation in the region and beyond. To learn more about relevant workplace topics, click on one of the following titles:

• Nova Scotia to limit medical notes for employee absences
• Abuse of sick leave / failure of employee to participate in accommodation process: Vail v. Oromocto (Town), 2022 CanLII 129486
• Change to Ontario Employment Standards: IT consultants and business consultants excluded from ESA
• Trends in Employment Law: A look forward in 2023
• Newfoundland and Labrador Introduces Pay Equity & Transparency Law
• Court upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal
• Prince Edward Island’s new Non-Disclosure Agreements Act
• New Brunswick’s new Intimate Images Unlawful Distribution Act
• Unvaccinated employees placed on unpaid leave – who pays the price?
• An end to vaccine mandates? Considerations for employers
• Federal regulations impose new requirement for employers to provide annual report on workplace violence and harassment by March 1
• Ontario ban on non-competes does not apply to agreements before October 25, 2021 – new case
• Alberta court upholds employer-friendly termination clause
• Nova Scotia relaunches Paid Sick Leave Program
• Retailer’s mandatory mask mandate – no discrimination based on disability or religious belief
• New Brunswick Court of Appeal rejects claim for unjust enrichment in ordinary wrongful dismissal action
• COVID-19 vaccination soon to become mandatory in all federally regulated workplaces in Canada
• Work life balance and ban on non-competes – changes to laws in Ontario
• Government of Canada proposes 10 days of paid medical leave for federally-regulated employees
• Update on enforcement of vaccination policies: recent decisions out of Ontario reach different conclusions
• Supreme Court of Canada almost slams the door on unionized employees’ human rights complaints
• Implementation of vaccine passports in Newfoundland and Labrador
• Canada’s National Day for Truth and Reconciliation – who gets the holiday?
• Time off to vote in the 2021 federal election
• Nova Scotia to recognize September 30 as Truth and Reconciliation Day
• Termination for just cause: do employers need to investigate? McCallum v Saputo, 2021 MBCA 62
• What employers and employees need to know about election day in Nova Scotia
• Mandatory vaccines in the workplace
• Federal pay equity comes into force August 31, 2021
• Unifor Local 64 v Corner Brook Pulp and Paper Limited: citing statutory duty to provide safe workplace as justification to demand drug test
• Nova Scotia unveils reopening plan
• Khan v. CBC – the expanding role of privacy law in labour arbitrations
• Nova Scotia workers can now access paid COVID-19 sick days – “stay tuned for the details”
• Upcoming regulatory initiatives from the Federal Labour Program
• COVID-19 vaccination leave for employees
• “Worker” vs “independent operators” distinction clarified in Newfoundland and Labrador workers’ compensation decision
• Ontario Superior Court recognizes new tort of internet harassment
• Top five employment law issues going into 2021
• Communication breakdown: Offensive comments can constitute cause under Canada Labour Code
• 2020 Year in Review: Atlantic Canada Labour & Employment Law Developments
• Increasing pay transparency for federally regulated employers under Employment Equity Regulations
• Federal Work Place Harassment and Violence Prevention Regulations – a Guideline
• The bubble has burst: New restrictions announced for Nova Scotia
• Federal Pay Equity Regulations published in draft – key takeaways