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Harold Smith, QC

Partner

Suite 1100, Cabot Place
100 New Gower St.
St. John’s, N.L.
A1C 6K3

+1.709.570.8895

+1.709.685.2308

+1.709.722.4565

hsmith@stewartmckelvey.com

Language(s) spoken: English

Bar Admission(s): Newfoundland and Labrador, 1978

Legal Assistant(s): Erinn House

Harold works with employers on all matters that arise in the workplace including human rights, employment law, administration and negotiation of collective agreements, arbitrations and adjudications in federal, provincial and municipal jurisdictions. As well as an extensive practice in labour and employment matters with municipal governments and their agencies, Harold’s clients span a variety of industries, including:

  • Mining
  • Fishing
  • Retail (union and non-union)
  • Offshore oil production
  • Oil exploration and support services
  • Pulp and paper
  • Sawmilling
  • Commercial industrial sector of the construction industry
  • Manufacturing
  • Crown corporations

Practice Areas

Energy, Environmental & Natural Resources

Labour & Employment

Litigation & Alternative Dispute Resolution

Education & Career

Education

Dalhousie University, LLB, 1977
Dalhousie University, BA, 1974

Activities

Fellow, College of Labor and Employment Lawyers
Labour & Employment practice group lead (Newfoundland & Labrador), Stewart McKelvey, 2011
Co-chair, Occupational Health and Safety Committee, Stewart McKelvey
Member, Canadian Bar Association
Past president and chairman, Newfoundland and Labrador Employers Council

Accolades

Chambers and Partners Canada 2022, Employment & Labour – Atlantic Canada, Band 1 lawyer
Chambers and Partners, Employment & Labour – Atlantic Canada, Band 1 lawyer
Queen’s Counsel, 2002
Legal Media Group, Expert Guides, World’s Finest Labour & Employment lawyers, 2014
Best Lawyers: Labour and Employment Law, 2006, 2008 – 2022
Who’s Who Legal: Canada 2012, 2014 – 2016 (Management L&E)
International Who’s Who of Business Lawyers, Labour and Employment, 2008 – 2011
Benchmark Canada, local litigation star (Civil Litigation, Commercial Litigation, Employment Law), 2012
Benchmark Canada, local litigation star (Commercial Litigation, Labour and Employment Law), 2013
Benchmark Canada, local litigation star (General Commercial, Labour and Employment), 2015 & 2017 – 2021
Benchmark Canada, local litigation star (Competition, General Commercial, Labour and Employment, Medical Malpractice, Personal Injury), 2016
Lexpert rating: Employment Law, 2008 – 2021
Lexpert rating: Labour Relations, 2008 – 2021
Martindale-Hubbell rating: BV Distinguished®

Thought Leadership

Publications

Author, Ten tips to having an attendance management plan that works, Atlantic Employers’ Counsel, (republished in Canadian Corporate Counsel, Volume 24, Number 7, July/August 2015)

Author, “Walking the Centre Line: Balancing an Employee’s Right to Privacy in Drug and Alcohol Policies in the Atlantic Offshore Oil Industry”, Dalhousie Law Journal, Fall 2003, 26 Dalhousie LJ 591

Presentations

Presenter, “Interest Arbitration: The Good, The Bad and The Mine Field”, City Council, City Of Corner Brook

Presenter, Canadian Association Of Management Employees (NL Branch) and Canadian Public Works Association (NL Branch) Occupational Health and Safety Post Bill C-45 and manager Due Diligence

Presenter and trainer, basic Labour Relations Law and collective agreement administration, Hibernia Platform Employers’ Organization

Presenter, “The Inevitability of Unions – A Different Perspective”, various labour seminars and internal client workshops

Presenter, “Jurisdiction of Arbitrators”, Workshop for Labour Management Cooperation Committee Training Course for accreditation of Newfoundland arbitrators, and, for the Newfoundland and Labrador Employers’ Council Arbitration Training Courses

Speaker, Newfoundland and Labrador Employers’ Council on topics including: Managing the Incompetent Employee; Employee Surveillance: Combating Sick Leave Abuse; Lessons Learned: City of Mount Pearl v. Vey; Effective Attendance Management; and The Doctor (ed.) Notes: What Information are you Entitled

Speaker, Canadian Energy Law Foundation (East Coast), September 2003

 
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