Employment Law

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    Employment Law

    Human capital is the lifeblood of any organization, but managing human resources comes with challenges for employers grappling with an increasingly complex labour environment. Scoping out the legal, economic, and human ramifications of these issues and developing sustainable solutions commands a pragmatic approach.

    Our Employment Law team is devoted to representing, advising and supporting employers in all aspects of everyday HR management, such as resolving disputes, preventing conflicts or litigation, and defusing crises. Our reputable professionals provide personalized services to further your organizational goals via strategic support ranging from the routine to the highly complex. All our actions are built on communicating, conferring and delegating, as well as sharing and transferring knowledge.

    When necessary, we represent employers before various tribunals and courts, including the Administrative Labour Tribunal, the other specialized tribunals, the Superior Court of Québec and the Court of Appeal of Québec. Our lawyers are prized for their deep dispute resolution experience, as well as their pragmatic, rigorous and strategic approach, and ability to safeguard your interests.

    Backed by a longstanding nationwide network of lawyers, we are also able to advise and guide employers coast to coast.

    We provide employment law services in the following areas:

    • Analyzing and advising on administrative or disciplinary measures
    • Analyzing industrial accident and occupational disease incidents
    • Analyzing and managing human rights and freedoms, and discrimination cases
    • Advising on employee obligations to act faithfully and with integrity
    • Developing strategies to address addiction in the workplace
    • Developing and reviewing human resources management policies
    • Conducting investigations into and providing strategic advice on psychological harassment complaints
    • Conducting investigations into and providing strategic advice on workplace climate cases
    • Providing occupational health and safety training, advice and policy support
    • Providing strategic HR advice of all kinds
    • Setting up and updating pension, benefit and performance pay plans
    • Preparing opinions and representations in applications requiring access to personal information
    • Preparing employment contracts, including drafting and enforcing confidentiality, non-compete and non-solicitation clauses
    • Constant monitoring of case law and legislative developments

    Headlines

    Publications
    May 13th, 2024

    The Supreme Court rules on the right of association
    On April 19, 2024 the Supreme Court of Canada rendered the decision Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 which deals with the freedom of association protected by section 2(d) of the Canadian Charter and section 3 of the Québec Charter. This decision identifies the legal framework applicable to any claim based on freedom of association, whether the claim at issue is a so-called positive or negative claim. In applying this framework, the Supreme Court determined in this matter that the freedom of association of the Association des cadres de la Société des casinos du Québec and its members was not compromised by the employer, the Société des casinos du Québec inc. The Court thus allowed the appeals before it.
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    Publications
    January 8th, 2024

    Constructive dismissal: the Court of Appeal weighs in
    On May 18, 2023, in Lareau c. Centre du camion Gamache inc., the Court of Appeal of Quebec issued a decision of particular interest regarding the concept of constructive dismissal, clarifying the circumstances that constitute constructive dismissal and calculation of any compensation due, if any.   Relevant facts  The factual background of this case is […]
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    Publications
    July 12th, 2023

    Amendments to the Competition Act regarding the legality of wage-fixing and no-poaching agreements
    Introduction In a previous article, we reported on amendments to the Competition Act (the “Act”)1 pursuant to the Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022, and other measures (the “BIA”).2 These amendments attest to the Canadian government’s intention to modernize Canada’s competition regime and foster a competitive market, […]
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    Publications
    June 20th, 2023

    Passage of An Act respecting the regulation of work by children: What employers need to know
    Introduction The COVID-19 pandemic, combined with an aging population, left Québec struggling with a labour shortage—a gap that was filled by young, unskilled workers. In the process, the significant increase in the number of workplace accidents involving workers under the age 16 prompted social reflection and highlighted the lack of any protective framework for work […]
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    Publications
    April 17th, 2023

    Child labour in Quebec: The dawn of a new legal era
    On March 28, a few months after receiving the latest opinion from the Comité consultatif du travail et de la main-d'œuvre (CCTM) on child labour in Quebec, the Minister of Labour, Jean Boulet, introduced Bill 19, An Act respecting the regulation of child labour, which aims to reform the current legislation governing child labour in […]
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