Attendance Management

As absenteeism issues can have a significant cost to employers, the lawyers at Mathews Dinsdale routinely assist employers in the development of proactive policies and procedures designed to assist employers improve employee attendance. In addition, we provide advice with respect to the various legal issues arising from the implementation of attendance management programs.

Where attendance problems result in litigation, we provide representation to employers before boards of arbitration, human rights tribunals, and workplace safety and insurance tribunals.

Audit of Workplace Practices and Policies

The lawyers at Mathews Dinsdale have extensive experience assisting employers in developing effective personnel management strategies that are aimed at minimizing the risk of liability.

Our lawyers assist employers in evaluating all forms of employment practices within the workplace, and the development or redesign of workplace policies, practices, and forms such as: applications for employment, recruitment procedures, offers of employment, employment contracts, workplace policies and handbooks, attendance management programs, return to work programs, and performance evaluations forms.

Collective Agreement Negotiation and Administration

Collective bargaining is a significant area of our labour relations practice because the resulting collective agreement sets the foundation for virtually all aspects of the workplace relationship.

The lawyers at Mathews Dinsdale have extensive experience in assisting clients in prioritizing strategies and goals for collective bargaining, and drafting proposals which address employers' workplace issues. We also assist employers in amending such strategies and proposals throughout the collective bargaining process as circumstances or corporate objectives change.

The lawyers at Mathews Dinsdale frequently act as spokespersons at the bargaining table or as "behind-the-scenes" advisors for employers who prefer to lead their bargaining.

The lawyers at Mathews Dinsdale also have extensive experience representing public and quasi-public sector employers throughout the interest arbitration process, where the right to strike and lock-out has been prevented or limited by legislation.

Once a collective agreement is in place, we routinely answer inquiries and provide advice to employers with respect to implementation and interpretation issues.

Construction Labour Relations

The construction industry is a unique employment environment which has been recognized in highly specialized labour relations and employment law legislation.

Mathews Dinsdale believes that construction industry employers are best served by lawyers who are familiar with the "big picture" of the industry and can properly assess the issues facing employers within the context of the developments in the industry. Mathews Dinsdale has developed one of the Country's leading construction industry labour relations practice groups. The lawyers practicing in the group have developed relationships with both industry and trade union leadership, which allow them direct and immediate access to current information and industry news and allows them to best serve construction industry employers.

In addition to representing hundreds of general contractors and subcontractors, the lawyers at Mathews Dinsdale represent many employers associations, trade groups and employers' bargain agencies.

The lawyers at Mathews Dinsdale are routinely active on behalf of construction industry lobby groups in attempting to address labour relations law reform. In addition, the lawyers at Mathews Dinsdale are often consulted by the Ontario Labour Relations Board with respect to administrative and procedural changes affecting the construction industry.

Contracts of Employment

The lawyers at Mathews Dinsdale assist employers in the development and drafting of employment contracts which define the parameters of the employment relationship and manage expectations.

We also are regularly involved in developing employment packages, including executive and incentive compensation packages which are tailored for the class and level of employee being retained (eg. executive, managerial or professional) and meet employers' various business objectives.

Discipline and Termination of Employment

The lawyers at Mathews Dinsdale regularly advise employers with respect to such matters as when and how to discipline an employee, what constitutes just cause for termination, notice requirements for non-disciplinary dismissal, severance and termination pay requirements, and legislative and common law requirements.

Where a claim for wrongful or constructive dismissal is received from a non-unionized employee, or a grievance has been filed under a collective agreement, we assist employers in defending their decisions to terminate the employment relationship.

At times, where an employer must effect mass terminations, we advise on the special rules and procedures required by legislation in those circumstances.

Employee Drug and Alcohol Abuse Management

The lawyers at Mathews Dinsdale assist employers with the management of drug and alcohol abuse issues in the workplace by providing advice on requirements imposed by legislation and how they impact on employer practices. We routinely develop and draft new policies or review current policies to ensure that they are in compliance with legal requirements. In addition, we assist employers in developing case-by-case strategies to deal with individual employees whose alcohol and/or drug use is, or can, impact the workplace.

Employment Standards

The lawyers at Mathews Dinsdale regularly advise employers on the requirements under provincial and federal employment standards legislation, including hours of work, overtime, public holidays, vacations, pregnancy and parental leave, successor employer obligations, mass terminations and layoffs, termination and severance pay, and liability of directors and officers. In addition, we assist with the drafting of employment policies and procedures which are compliant with these requirements.

Where an employee files a claim under employment standards legislation, we represent employers on such matters before boards and tribunals.

Employment-Related Immigration Matters

The lawyers at Mathews Dinsdale provide a wide range of legal services associated with employment-related immigration. Our lawyers in the Immigration Practice Group work with domestic and international employers in developing and implementing appropriate strategies for the employment of foreign workers. We regularly provide advice and assistance to employers in following the appropriate procedures related to such matters as: hiring foreign workers in a wide range of occupational groups (e.g. executives, professionals or sales/service); intra-company transfers; or obtaining permanent residence status for foreign workers.

In addition, we regularly assist employers in drafting offers of employment and contracts of employment which address the various issues associated with employee relocation.

Grievances and Arbitration

The lawyers at Mathews Dinsdale assist employers in unionized environments with the effective management of the grievance and arbitration process. We assist with negotiations with trade unions where the employer's objectives can be met through settlement of grievances.

Where settling a grievance compromises on employers' interests, we provide employers with representation before boards and tribunals. The lawyers at Mathews Dinsdale regularly provide advice and representation to employers on a wide range of issues such as discipline and discharge, contracting out of work, technological change, restructuring, benefits entitlement, human rights and accommodation, employee privacy issues, seniority matters, and absenteeism.

Human Rights

The lawyers at Mathews Dinsdale advise employers on the requirements under both the federal and provincial human rights legislation. In addition, our lawyers assist in drafting and implementing proactive and compliant workplace policies and conducting investigations of allegations of harassment and other human rights violations. Mathews Dinsdale also provides tailored in-house training programs for managers and/or employees on human rights.

Information and Privacy

In both the public and private sector, issues related to privacy and access to information can affect all aspects of the employment relationship. This quickly evolving area of the law has presented a range of issues surrounding the stewardship of information and its permitted uses. We closely monitor the legislative developments in this area and assist employers in auditing their information management practices and developing policies and procedures in compliance with privacy obligations.

In addition, the lawyers at Mathews Dinsdale routinely advise employers with respect to privacy-related matters, such as video surveillance, alcohol/drug testing, employee medical information and monitoring of employee internet and computer use.

Labour Relations

The lawyers at Mathews Dinsdale have extensive experience in representing employers proceedings before both the Ontario Labour Relations Board and the Canada Industrial Relations Board. In particular, we regularly assist employers in filing written responses and provide representation at settlement conferences and hearings with respect to a wide range of matters such as union organizing campaigns, union certification, unfair labour practice complaints, applications for termination of union bargaining rights, sale of business or related employer applications, jurisdictional disputes, construction industry grievances, picketing, strikes and lock-outs.

Litigation and Appellant Matters

The lawyers at Mathews Dinsdale have experience advising and representing employers through litigation of a wide range of employment law matters ranging from wrongful dismissal, human rights, and employment standards. Also, our lawyers have appeared as counsel for employers before all levels of court including the Ontario Divisional Court, Ontario Court of Appeal and the Federal Court for employers.

In addition, where employers seem to have a board or tribunal decision reviewed, our lawyers assist with the preparation of such submissions, and appear as counsel on these matters.

Occupational Health and Safety

The management of safety within the workplace is one of the most important duties of today's human resources managers, operations managers and supervisors. The Ministry of Labour's increasing focus on health and safety charges has emphasized the need for an employer to be fully conversant with the duties of constructors, employers, officers, directors, supervisors, and workers.

Our experience has taught us that the best way to manage health and safety issues is to develop a comprehensive risk management program to avoid workplace injuries/accidents and to minimize the risk of legal liability. This includes assisting in the creation and monitoring of written policies, developing programs, providing manager and supervisor training, and co-ordinating occupational health and safety audits.

Despite proactive approaches to providing a safe work environment accidents sometimes do occur. In such cases, the lawyers at Mathews Dinsdale provide immediate advice and assistance to employers.

Our lawyers appear regularly as defence counsel for employers who face charges under occupational health and safety legislation.

Pay Equity

Both federally and provincially regulated employers are obligated to maintain practices that preserve pay equity in the workplace. New employers, who are starting businesses, must recognize and provide for compensation practices that are in immediate compliance with all legislative requirements. In addition, if a business is bought or sold, there are potential pay equity considerations with respect to outstanding liabilities and the effect of these on the continuing business. Consequently, there is a need to identify pay equity as a priority and to avoid costly complaints and audits.

In the unionized workplace, there are significant labour relations implications involved in negotiating collective agreements that will not undermine the maintenance of pay equity.

The lawyers at Mathews Dinsdale regularly advise on the integration of associated issues - pay equity, labour relations, human rights and employment standards. We assist employers in the preparation and maintenance of a pay equity plan which is compliant with the applicable legislation. Where a complaint or grievance arises, we provide representation for employers in defending and dealing with the complain and/or grievance.

Purchase and Sale or Restructuring of a Business

The lawyers at Mathews Dinsdale have extensive experience advising and representing employers on all labour and employment issues arising from restructuring, lay-offs, plant closings and relocations, and sales of businesses. In this respect, we draft, and provide advice on, the labour and employment clauses of purchase and sale agreements. In addition, where the vendor company is unionized, we advise employers on successorship issues, including the flow-through of obligations under collective agreements.

Termination of Employment

The lawyers at Mathews Dinsdale regularly advise employers on all aspects of discipline and the disciplinary process, including what constitutes just cause for termination, notice requirements for non-disciplinary dismissal, and severance and termination pay requirements under employment standards legislation and under the common law.

Where a claim for wrongful or constructive dismissal is received, we assist employers in defending their decisions to terminate the employment relationship.

At times, where an employer must make mass terminations, we advise on the special rules and procedures required by legislation in such circumstances. Where an individual or group of individuals makes a claim against the employer, we provide advice and representation on mass termination matters.

Union Organizing and Applications for Certification

The lawyers at Mathews Dinsdale regularly provide seminars and advice to employers in respect of trade unions' organizing campaigns and we assist employers in developing strategies to continue to operate union-free.

In the context of union organizing campaigns, our lawyers assist employers in understanding the extent of their right to free speech while remaining compliant with labour relations statutes. Further, where applications for certification or unfair labour practice complaints are filed in the course of a union organizing campaign, our lawyers assist employers in filing written responses and provide representation before the Ontario Labour Relations Board or the Canada Industrial Relations Board.

Workplace Safety and Insurance (Workers' Compensation)

The lawyers at Mathews Dinsdale in the workplace safety and Insurance Practice Group provide advice to employers on all matters relating to workplace safety and insurance. In particular, our lawyers regularly advise employers on the legislative rights and responsibilities of employers and employees, accident investigation and reporting, the management of employees who make claims under workplace safety legislation, processing and monitoring of claims, the design and implementation of back to work programs, and accommodation of the employee medical situations in the workplace.

Our lawyers also regularly represent clients before the Workplace Safety and Insurance Board and at appeals before the Workplace Safety and Insurance Appeals Tribunal.