our practice

  • Administrative Law

    In our legal system the mere fact that the government is the government does not give it unlimited right or power. Administrative law deals with the limits the law places on government activity and the remedies available when those limits are exceeded.

    The team at Sherrard Kuzz LLP is involved in every aspect of administrative law as it relates to the workplace. We assist our clients to understand their rights and obligations within the context of employment and labour legislation, and navigate toward their business objectives. This is significant given that the employment relationship is among the most highly regulated in Canada. Common examples of employment and labour legislation include: employment standards, human rights, occupational health and safety, privacy, labour relations, workplace safety and insurance, etc. There are also many others that indirectly affect the employment relationship.

  • Advising the Multinational and Multi-Jurisdictional Employer

    Members of our team regularly provide strategic employment and labour law advice to employers – foreign and domestic – commencing operations within Canada, or carrying on business in multiple jurisdictions.

    In most cases, the overarching objective is to design human resources strategies that maximize opportunities within each local jurisdiction in accordance with prevailing employment and labour laws, while at the same time achieve an overall, global human resources strategy.

    This is a significant objective because within Canada, the power to regulate employment and labour relations is held primarily by the respective provinces and territories. An organization considering carrying on business within more than one Canadian jurisdiction must therefore be aware of the different employment and labour laws in each province and territory.

    Federal power over employment and labour relations extends only to a limited number of industries including inter-provincial transportation (i.e., long-haul trucking, railways, airlines, etc.), telecommunications (i.e., telephones, television, radio, internet, etc.), postal services (i.e., Canada Post, inter-provincial couriers, etc.), banking and federal government services. All other businesses fall under the authority of the respective provincial / territorial governments and legislation (e.g., the Ontario Employment Standards Act, Ontario Human Rights Code, Ontario Labour Relations Act and, Ontario Occupational Health & Safety Act, etc.).

    Members of our firm regularly provide comprehensive, federal and province-by-province analysis of employment and labour law legislation, and strategic advice regarding compliance. This includes:

    • Providing comprehensive advice regarding “doing business as an employer in Canada”.
    • Developing workplace policies, employment agreements and termination precedents (see also Executive Compensation and Employment Contracts).
    • Providing strategic advice in respect of the exposure to being unionized in each jurisdiction (see also Employee Relations).
    • Designing compensation and benefit packages.
    • Providing day-to-day employment advice in respect of a wide range of employees from hourly labourers to CEOs.

    To ensure that our clients' needs are met, wherever they do business, we have developed relationships with local counsel in every province and territory throughout Canada, the United States, Europe and Asia.

    (i) Employment Law Alliance®

    Our commitment to outstanding client service includes our membership in Employment Law Alliance®, an international network of management-side employment and labour law firms. The world’s largest alliance of employment and labour law experts, Employment Law Alliance® offers a powerful resource to employers with more than 3000 lawyers in 300 cities around the world. Each Employment Law Alliance® firm is a local firm with strong ties to the local legal community where employers have operations. www.employmentlawalliance.com

    (ii) Partnerships Across Canada

    We have developed relationships with local counsel in every province and territory throughout Canada. We have known, and worked with, our regional partners for many years and are confident in their ability to provide service and advice at the same consistently high level clients receive from us.

  • Attendance Management

    In recent years absenteeism issues have become increasingly complex due to the interaction of factors such as disability, religion, human rights and others. The unauthorized failure to attend for work in a regular and reliable fashion is a breach of an employee’s workplace obligation. Yet, the appropriate employer response is not always straight-forward.

    Our team understands the legal and practical implications of attendance management. We regularly assist employers to design, implement and administer absenteeism control programs to reduce both:

    • Culpable absenteeism (i.e. an absence without an acceptable excuse), and
    • Non-culpable absenteeism (i.e. an absence due to a medical condition, etc.).

    We know from experience early intervention with employees who are absent from work has proven rewards to business operations. We also know too often where an employee’s health may be at issue the employer has insufficient medical information on which to base an informed decision. We therefore assist clients to proactively:

    • Implement strategies to elicit medical evidence that is objective, relevant and useful
    • Design and implement drug and alcohol testing as permitted by law
    • Understand the legal implications of medical information received
    • Design appropriate strategies to effectively manage short and long-term disability insurance claims
    • Co-ordinate with insurance carriers to ensure their rights are protected
    • Design and implement strategies to improve an early Return to Work
    • Ensure absent employees participate in Return to Work programs

  • Civil Litigation
    -and-
    Wrongful and Constructive Dismissal Litigation

    Our lawyers appear before all levels of the Ontario Courts, Federal Court of Canada and at the Supreme Court of Canada on a wide variety of matters related to employment and labour law. This includes:

    • Wrongful dismissal litigation
    • Employment related commercial litigation
    • Injunctive proceedings (i.e. enforcement of non-compete or non-solicitor covenants, or restriction on strike activity)
    • Judicial review of the decisions of administrative tribunals and arbitrators
    • Appellate proceedings

  • Collective Agreement Administration

    At Sherrard Kuzz we appreciate that the need for strategic and proactive legal advice does not end when collective bargaining has concluded and an agreement has been signed. Employers are frequently confronted with complex issues arising from the interpretation and administration of the collective agreement. We regularly assist clients to:

    • Understand the impact of collective agreement language
    • Design strategies to meet operational initiatives while complying with collective agreement language
    • Train frontline managers to maximize their ability to achieve day-to-day objectives within the context of the collective agreement
    • Manage grievances in a proactive and effective manner
    • Design and implement training to improve grievance investigation
    • Plan and implement detailed preparation to maximize resolution prior to referral to arbitration, whenever possible
    • Plan ahead for the next round of collective agreement negotiations

  • Collective Bargaining

    Collective bargaining is a fundamental aspect of the practice at Sherrard Kuzz LLP. Our team regularly provides advice to employers in both the private and public sectors on collective bargaining strategy and drafting collective agreement proposals. We maximize our clients’ results by:

    • Assisting in first and subsequent rounds of collective bargaining by:
      • Assessing client objectives as against existing collective agreement language and developing a strategy to achieve those objectives
      • Establishing strategy to achieve desired outcomes
      • Sourcing economic information
      • Sourcing and assessing recent collective agreements within the same or related sector, including those of competitors and recently signed by the trade union with which our client is dealing
      • Anticipating trade union strategy
      • Ensuring legal compliance
    • Acting as company spokesperson and/or as a support member of the client’s negotiation team
    • Achieving the best collective bargaining agreement available
    • Facilitating viable, long-term and trusted partnerships between management and labour

  • Compensation and Benefits Plans

    Successful businesses must attract, retain and motivate talented and dynamic employees in fiercely competitive markets. A key component in achieving these goals is the design, implementation and administration of effective compensation and benefits arrangements. Yet establishing arrangements, whether individually or across an entire organization, has become increasingly complex taking into account domestic and foreign tax laws, employment laws, securities disclosure and compliance requirements.

    At Sherrard Kuzz LLP, we partner our expertise in employment law with experts in pensions and benefits, securities, taxation and corporate governance and regulation. We help our domestic and multinational clients create innovative and tax-effective compensation and benefits arrangements for their employees and senior executives, including: stock option plans, restricted stock plans, deferred share unit plans, stock purchase plans, phantom stock plans, omnibus stock plans, equity-based incentive programs, broad-based profit sharing plans and other bonus and incentive plans, supplementary retirement plans and their related funding instruments, change in control arrangements; non-competition/confidentiality provisions, and severance arrangements. (see also Employment Contracts)

  • Construction Labour Relations

    Sherrard Kuzz is recognized as a leading provider of strategic advice and effective employment and labour relations representation within the construction industry.

    We have a wide breadth of expertise working within the construction industry’s unique legislative framework, and are familiar with the complex issues, interests, relationships and key players in all trades.

    We assist all types and sizes of employers including employer associations, general contractors, developers, builders and subcontractors. We represent their interests in a wide variety of proceedings, including but not limited to:

    • Collective Agreement Negotiations (with individual employers or employer associations)
    • Day-to-day Administration of the collective agreement
    • Grievance referrals
    • Jurisdictional disputes
    • Labour Board proceedings
    • Legislative communication strategies
    • Occupational health and safety
    • Preparation for and representation at interest arbitrations
    • Sale of business / related employer applications
    • Strike management and injunctive proceedings
    • Strike preparation
    • Trade union certification applications
    • Workplace safety and insurance

  • Employment Contracts

    We regularly assist employers to prepare employment contracts at every level of employment with the appropriate degree of complexity and sophistication.

    A skilfully prepared employment contract allows an employer to identify with certainty and precision its obligations during the course of the employment relationship and at the time of its conclusion. Particularly when the relationship is concluded a written employment contract is an employer’s most effective tool to significantly limit liability.

    Written employment contracts are also particularly useful for senior executives and other employees whose compensation arrangements are unusual or complex (see also Compensation and Benefit Plans and Executive Compensation). We are also skilled at drafting other employment related documents such as non-solicitation agreements, consulting and independent or dependent contractor agreements.

  • Employee Issues in Corporate Restructuring

    Members of our firm regularly act as employment and labour law counsel on a wide variety of issues relating to the acquisition, divestiture and restructuring of businesses, including:

    • Due diligence
    • Identification and assessment of employment and labour risks, liabilities and obligations
    • Identifying cross-border and inter-jurisdictional efficiencies
    • Negotiating employment and labour aspects of the transaction
    • Drafting representations, warranties and covenants
    • Negotiating and drafting employment offers and contracts
    • Drafting retention agreements
    • Coordinating employment and labour counsel in other parts of the world

  • Employee Relations

    A hallmark of the practice at Sherrard Kuzz LLP is assisting clients to develop strategies and implement practical programs to improve and motivate their workforces and retain top performers. In our experience, a common by-product is the creation or maintenance of a union free workplace.

    Our training programs are unlike anything else in Canada. They are multi-faceted, original and designed to have direct and immediate application in the workplace. We customize each and every program to meet and exceed the needs of our clients, including for example: interactive seminars; role-playing; self taught training material; workbooks and hand-outs; and situational analysis. We always look for opportunities to enable our clients to take over the training directly, so that their own leaders become more highly skilled and knowledgeable (see also Management Training and Keeping Current on Laws and Trends). Training topics have included:

    • The Motivated Workforce
    • Recruitment and Retention of Talent
    • Best Practices in Hiring and Terminating
    • Leadership Skills and Practices for Supervisors and Managers
    • Effective Complaints Management
    • Effective Progressive Discipline
    • Attendance Management
    • Effective Performance Appraisals

  • Employment Screening and Hiring

    We are often asked by our clients for our assistance drafting and refining job descriptions and interviewing and screening prospective employees. Typical areas where our advice is requested include: questions permitted or prohibited under human rights legislation, criminal records checks, reference checks, drug and alcohol testing, psychological screening, and avoidance of wrongful dismissal claims when preparing or changing job descriptions.

  • Employment Standards

    Employment Standards legislation is among the most important governing the employment relationship. We regularly represent and advise our clients on issues relating to Part III of the Canada Labour Code or provincial employment standards, such as the Ontario Employment Standards Act, and have extensive experience appearing before the appropriate boards and bodies.

    We assist clients draft employment policies and procedures that comply with employment standards legislation, and find significant efficiencies in the design and implementation of payroll and scheduling practices. We also provide complete and comprehensive representation and advice during employment standards audits and investigations (see also Workplace Audits and Workplace Investigations).

    We advise clients on issues such as:

    • Hours Of Work
    • Minimum Wages
    • Overtime
    • Public Holidays
    • Vacation Pay
    • Leaves of Absence (including Pregnancy, Maternity and Parental Leave)
    • Successor Employer Obligations
    • Mass Termination and Layoff
    • Group Termination of Employment
    • Conclusion of Employment (including Termination and Severance Pay)
    • Successor Employer Obligations
    • Liability of Directors and Officers

  • Executive Compensation

    Successful businesses must attract, retain and motivate talented and dynamic employees in fiercely competitive markets. A key component of achieving this goal is the design, implementation and administration of effective compensation and benefits arrangements. Yet, establishing arrangements, whether individually or across an entire organization, has become increasingly complex taking into account domestic and foreign tax laws, employment laws, securities disclosure and compliance requirements.

    At Sherrard Kuzz LLP we partner our expertise in employment law with experts in pensions and benefits, securities, taxation and corporate governance and regulation. We help our domestic and multinational clients create innovative and tax-effective compensation and benefits arrangements for their employees and senior executives, including: stock option plans, restricted stock plans, deferred share unit plans, stock purchase plans, phantom stock plans, omnibus stock plans, equity-based incentive programs, broad-based profit sharing plans and other bonus and incentive plans, supplementary retirement plans and their related funding instruments, change in control arrangements, non-competition/confidentiality provisions, and severance arrangements.

  • Grievance Arbitration

    Our lawyers have recognized expertise representing clients before single Arbitrators and Boards of Arbitration. We have strong relationships with many arbitrators and understand how to tailor submissions to suit specific arbitrator preferences. This attention to detail allows us to efficiently manage arbitrations on behalf of our clients and establishes additional credibility with the adjudicators – all of which adds value to our services and assists clients obtain desired results.

    We have also designed, implemented and led a variety of expedited arbitration proceedings, the result of which has been expedited resolution and cost containment.

    Examples of the types of issues on which we regularly advise clients include:

    • Absenteeism
    • Benefit Entitlement
    • Classification
    • Contracting-Out
    • Discipline and Discharge
    • Human Rights and Accommodation
    • Management Rights
    • Overtime
    • Promotion and Demotion
    • Seniority Challenges
    • Transfers

  • Human Rights

    Our team is recognized for its extensive experience in human rights matters. We are regularly asked to serve as keynote speakers in leading human rights conferences throughout Canada, and publish on a variety of human rights related issues.

    Our day-to-day practice includes advice on compliance with human rights legislation, assistance in the development of human rights policies, design and delivery of training programs, and acting as counsel before human rights adjudicators and courts in the event of a complaint.

    Consistent with our practice philosophy we stress prevention and encourage clients to deal proactively with human rights issues rather than waiting to respond reactively to particular complaints. Where a breach is alleged we assist clients to address the issues thoughtfully, thoroughly and strategically to resolve the particular case at hand and any broader issue that may exist in the workplace. This often includes designing and/or implementing effective complaint investigation processes (see also Workplace Investigations).

    If a matter proceeds to a hearing we vigorously advocate on behalf of our clients before the Human Rights Tribunal of Ontario. With the recent changes to the Ontario Human Rights Code and the transition to a direct access model, knowledge of the Tribunal’s rules, practices and members is critical to ensuring our clients receive the best representation possible. Our team appears frequently before the Tribunal, representing employers at all stages of the process.

    The following are examples of some of the human rights issues with which we frequently assist our clients:

    (i) Attendance Management and Access to Medical Information

    In recent years absenteeism issues have become increasingly complex due to the interaction of factors such as disability, religion, human rights and others. The unauthorized failure to attend for work in a regular and reliable fashion is a breach of an employee’s workplace obligation. Yet, the appropriate employer response is not always straight-forward.

    The professionals at Sherrard Kuzz LLP understand the legal and practical implications of attendance management. We regularly assist employers to design, implement and administer absenteeism control programs to reduce:

    • Culpable absenteeism (i.e. an absence without an acceptable excuse), and
    • Non-culpable absenteeism (i.e. an absence due to a medical condition, etc.)

    We know from experience early intervention with employees who are absent from work has proven rewards to business operations. We also know too often where an employee’s health may be at issue the employer has insufficient medical information on which to base an informed decision. We therefore assist clients to proactively:

    • Implement strategies to elicit medical evidence that is objective, relevant and useful
    • Design and implement drug and alcohol testing as permitted by law
    • Understand the legal implications of medical information received
    • Design appropriate strategies to effectively manage short and long-term disability insurance claims
    • Co-ordinate with insurance carriers to ensure their rights are protected
    • Design and implement strategies to improve an early Return to Work
    • Ensure absent employees participate in Return to Work programs

    (ii) Duty to Accommodate

    The question of accommodation arises in a multitude of situations including, disability (visible, invisible and perceived), family status, creed, sex and gender, to name a few. We work with employers to determine what, if any, legal obligations are triggered in the face of an employee’s request for accommodation, and assist clients find the appropriate balance between operational considerations and the duty to accommodate.

    (iii) Short Term and Long Term Disability

    We frequently assist employers with all aspects of disability management and claims. This includes defending claims against employers regarding disability issues, and developing strategies to return employees to work in a manner that best meets operational objectives.

    Recent judicial decisions have also highlighted the potential for employer liability where an employee, whose employment has been terminated, becomes disabled during the notice period. We assist clients to identify this risk and take steps to minimize potential liability.

    (iv) Alcohol and Substance Abuse

    Alcohol and substance abuse workplace issues are among the most difficult for an employer to address, as they often are not known to the employer until a significant incident has occurred. Abuse and addiction are also highly personal matters which require a sensitive balancing of an employer’s need to know with its obligations under human rights and privacy legislation. We encounter these issues frequently and our lawyers are adept at assisting employers to navigate through the challenging waters.

    (v) Mental Illness

    We have experienced a significant increase in employee claims for accommodation due to mental illness. Our firm has developed a particular expertise in the area partnering with a number of medical professionals skilled in both the diagnostic and treatment protocols of such illnesses.

    (vi) Accessibility

    Applying our longstanding expertise in human rights and disability, Sherrard Kuzz LLP has become an industry leader as it relates to the Accessibility for Ontarians with Disabilities Act (“AODA”) and associated Accessibility Standards. Team members frequently publish and speak publicly on the topic of the AODA and are routinely asked to lead seminars and workshops on AODA compliance for clients, employer organizations and a variety of speaking houses.

    Our firm assists clients in all aspects of compliance with the AODA, Accessibility Standards for Customer Service, and Integrated Accessibility Standards, including: education on the substantive requirements of the legislation, legal advice regarding the scope of those requirements, facilitation of audits required to identify barriers, preparation of policies, practices and procedures, assistance with on-going training programs including substantive review of on-line training programs, in-person training of management and front-line employees, and implementation.

  • Injunctive Court Proceedings and Judicial Review

    Our lawyers appear on behalf of clients either seeking injunctive relief where there is an unlawful strike or breach of an employment contract (such as a non-competition or non-solicitation clause), or on behalf of companies defending against this type of allegation.

    We also have experience arguing Judicial Review applications, and requesting and arguing arbitral and labour relations board decision reconsiderations - the step before Judicial Review. That said, we appreciate Judicial Review of arbitral and labour relations board decisions is infrequent and often undesired. Our advice to clients therefore reflects this reality so an informed decision can be reached.

  • Interest Arbitration

    When the process of collective bargaining does not conclude with a negotiated agreement between management and the union, our lawyers have experience assisting management prepare for, and participate in, the process of “interest arbitration”. This includes:

    • Sourcing and assessing recent collective agreements and interest arbitration decisions within the same or a related sector, including agreements recently signed by the trade union with which our client is dealing
    • Sourcing economic information
    • Predicting trade union strategy
    • Analyzing the impact of collective agreement language on future plans
    • Establishing strategy to achieve desired outcomes
    • Representing management before the arbitrator
    • Achieving the best agreement available

  • Management Training

    A hallmark of our practice is our commitment to ensuring clients are fully informed of and trained on applicable employment and labour related laws and best practices.

    We strongly believe the most effective way to assist our clients is to partner with them in training and educating their management teams. We do this in a number of ways including: participation in legislative change task forces, in-house training sessions for clients, writing articles for industry publications, speaking at a broad range of professional conferences and seminars, and regular newsletters and news blasts.

    We customize each and every training program to meet and exceed the needs of our clients, including for example: interactive seminars, role playing, self-taught training material, workbooks and hand-outs, situational analysis, and “how to” approaches to workplace issues. We always look for opportunities to enable our clients to take over the training programs directly, so that their own leaders advance their skills and knowledge.

    For example, in April 2009, the Ontario government introduced Bill 168 – amendments to the Occupational Health and Safety Act to address workplace violence and harassment. Bill 168 places a number of new obligations on employers, including the requirement to conduct a workplace violence risk assessment. Although Bill 168 did not come into force until June 15, 2010, our lawyers began working with clients in 2009 to proactively prepare their managers and workplaces for leadership and compliance. The same can be said for our proactive approach to preparing clients for the application of the AODA (Accessibility for Ontarians with Disabilities Act), among other legislative requirements.

    We have presented seminars, workshops and training on virtually every workplace-related subject, including (but not limited to):

    Employment Law

    • Violence and crime in the workplace
    • IT related workplace misconduct
    • Codes of conduct/ethics
    • Workplace romance
    • Privacy
    • Workplace investigations
    • Employment contracts, including executive contracts
    • Best practices for hiring and firing
    • The end of mandatory retirement
    • Independent contractor relationships
    • Wrongful dismissal
    • Pandemic planning
    • Restrictive covenants
    • Employee issues in corporate restructuring

    Labour Law

    • How to prepare for arbitration
    • Investigations and investigations protocols
    • The principles of progressive discipline
    • Harassment
    • Workplace violence
    • Dispute resolution protocols
    • Return to work policies and procedures
    • Best practices to remain “union free”
    • Employer free speech
    • Managing strikes and industrial actions

    Human Rights

    • Accessibility for Ontarians with Disabilities Act (AODA)
    • Managing employee disability and medical absenteeism
    • Bill 168 compliance
    • Diversity awareness
    • Duty to accommodate
    • Investigations
    • Illness and disability issues
    • Attendance management
    • Biometrics

    Workplace Safety & Insurance

    • Claims management
    • Accident investigation
    • Experience rating
    • Return to work programs
    • Handling appeals
    • How to conduct a self-audit
    • How to respond to a Ministry audit

    Occupational Health & Safety

    • Joint health and safety committee rights and obligations
    • Investigation protocols
    • The components of a due diligence defence
    • Bill 168 compliance
    • Bill C-45 compliance
    • Violence and crime in the workplace
    • How to conduct a self-audit
    • How to respond to a Ministry audit

  • Mediation

    In virtually every adversarial employment or labour process there are opportunities (and in some cases obligations) to participate in a mediation. A properly conducted mediation can result in a cost effective resolution designed entirely by the parties. Our team is highly skilled at designing unique processes as well as using traditional mediation processes to further our clients’ interests regardless of the desired outcome.

  • Occupational Health and Safety

    We regularly advise and represent employers regarding their obligations under provincial occupational health and safety legislation as well as federal legislation such as amendments to the Criminal Code brought in through Bill C-45.

    We assist employers to develop joint health and safety committees and provide training regarding the proper functioning of these groups. This includes assisting employers to develop internal health and safety committees, policies and programs, conduct workplace audits, conduct investigations, and implement discipline and other enforcement mechanisms.

    We also assist employers to respond to Ministry of Labour orders including stop work orders under the Occupational Health and Safety Act, appeal Orders by Ministry of Labour inspectors, and defend prosecution of charges under the Occupational Health and Safety Act. And, we obtain standing and participate in Coroner’s Inquests on behalf of Interested Parties.

    In recent years the Ministry of Labour has significantly increased its focus on carrying out workplace spot audits under the Occupational Health and Safety Act. We proactively assist clients prepare for and successfully participate in spot audits by assisting them to:

    Self-audit

    • Understand the importance of carrying out self-audits
    • Design effective self-audits
    • Respond appropriately to the results of a self-audit

    Ministry of Labour Audit

    • Understand recent Ministry of Labour initiatives
    • Determine whether the workplace is a probable target
    • Understand what to do when an auditor comes knocking
    • Implement best practices to ensure a smooth audit process

    (see also Management Training and Keeping Current on the Law and Trends, Workplace Audits and Workplace Investigations)

  • Ontario Labour Relations Board Proceedings
    -and-
    Canada Industrial Relations Board Proceedings

    Our firm regularly appears before the Ontario Labour Relations Board and Canada Industrial Relations Board representing the interests of our clients. We pride ourselves on having excellent working relationships with the members of these boards, which in turn can be of great benefit to our clients. Matters on which we appear for and assist clients include (but are not limited to):

    • Union certification
    • Unfair labour practice
    • Work jurisdiction
    • Bad faith bargaining
    • Related employer / sale of business
    • Duty of fair representation
    • Employment standards
    • Occupational health and safety
    • PSLRTA (Public Sector Labour Relations Transition Act)
    • Construction Industry matters such as:
      • Section 133 Grievance referrals
      • Jurisdictional disputes

    Our team is also frequently consulted by governments and asked to participate in industry-wide initiatives regarding substantive and procedural aspects of proceedings before these labour boards.

  • Outsourcing

    We provide advice to clients seeking to outsource selected work functions in both unionized and non-unionized environments. We assist clients to manage legal risks when contracting with third party providers, labour supply companies and independent service providers.

  • Pay Equity

    Employers in Ontario, both unionized and non-unionized, must comply with the provincial Pay Equity Act. This includes maintaining pay equity as new jobs are created and/or there are “changed circumstances”. In almost every case, pay equity is an important consideration during collective bargaining and in the event of a merger, acquisition or sale. The failure to maintain pay equity can be costly, both financially and in the public eye. Our team has experience assisting clients achieve and maintain pay equity. We also assist employers respond to and participate in investigations commenced by the Pay Equity Commission, and in adjudications before the Pay Equity Hearings Tribunal.

  • Policy Development and Implementation

    An important component of our practice is assisting clients design and implement appropriate workplace policies, tailored to their individual work environments.

    The first step in the process is to gain or enhance our understanding of how our client carries on business. This may require collecting information from a variety of sources including the company’s leaders, managers, staff, customers, as well as industry ‘best practices’.

    We then work closely with our client to design a policy or policies that encourage legal compliance while at the same time allow our client to achieve its business objectives. Drafting a policy is intricate work and the devil is almost always in the detail. Our approach is to ensure the policy meets the substantive, legal requirements without overpromising. A policy that over-promises, is poorly drafted, is inconsistent with the manner in which the organization conducts business, and/or is not user-friendly, may be a liability.

    Once drafted, our service does not come to an end. Implementation is the next crucial step. Even the best written policy is of little significance if not implemented well. In our experience, a well implemented policy requires:

    • Transparency: Members of the organization must understand the precise who, what, where, when and why of the policy
    • Relevancy: Members of the organization need to understand how the policy is relevant to and fits into their day-to-day responsibilities
    • Proportionality: The policy’s effect on day-to-day activities must be seen to be reasonable and rational; neither overreaching nor attempting to attain a ‘gold standard’ not required or necessary
    • Consistency: The policy must be seen to be applied consistently and fairly so as not to lose credibility or importance
    • Flexibility: The policy must be seen and understood to be a living tree, able to change to reflect the organization’s business realities

    The following are examples of some of the policies we have assisted clients draft and implement:

    • Accessibility in accordance with the Accessibility for Ontarians with Disabilities Act
    • Discrimination and harassment
    • Employee handbooks (covering a wide range of policies and practices)
    • Behavioural expectations
    • Progressive discipline
    • Attendance management
    • Alcohol and drug testing
    • Workplace violence and harassment (per the Occupational Health and Safety Act)
    • Privacy
    • Social media in the workplace
    • Information technology and computer usage
    • Document retention and destruction

  • Privacy

    Sherrard Kuzz LLP is an industry leader in the area of privacy law. Members of our firm write and lecture extensively on this evolving regulatory regime. Our firm is privacy-compliant, with expertise advising and assisting our clients in the following areas:

    • Educational training and seminars
    • Customized privacy questionnaires and audits
    • Compliance strategy and plans
    • Compliance implementation
    • Privacy practices and protocols
    • Avoiding and addressing privacy violations
    • Representation at privacy complaint hearings
    • Responding to Access To Information Requests
    • Ongoing support

    We appreciate that proactive, privacy-compliant organizations achieve the following competitive advantages:

    • Enhanced public image and branding
    • Increased customer and employee confidence and loyalty
    • Secured e-commerce transactions
    • Growth of E-commerce based revenue and market share
    • Ensured customer privacy
    • Avoidance of inter-provincial and international trade barriers

    We are experienced advising clients under the Personal Information Protection and Electronic Documents Act, Privacy Act and Personal Health Information Protection Act, and regarding the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.

  • Responding to Union Organizing and Applications for Certification

    Sherrard Kuzz sets the industry standard. Our assistance is proactive, strategic and multi-faceted.

    In our experience, without support from skilled, experienced legal counsel, some management teams – motivated by insufficient knowledge and fear of making a mistake – retreat in the face of union activity – giving up critical opportunities to lead their workforce. Other management teams, caught off guard by the union presence, take the opposite approach and react rashly, sometimes contrary to the Ontario Labour Relations Act, resulting in an allegation of an unfair labour practice.

    When addressing union organizing, the first step begins long before there are signs of union activity. This includes assisting clients develop strategies and implement practical programs to enhance the leadership skills of their front-line managers and supervisors. The objective is to create or strengthen positive employee relations and a motivated workforce. We always look for opportunities to enable our clients to take over training programs directly, so their own leaders become more highly skilled and knowledgeable. In our experience, a common by-product of these programs is the maintenance of a union free workplace.

    The second step is to train management to identify the signs of union activity and take proactive steps to address the underlying issues.

    The third step, should union organizing occur, is to ensure managers and leaders know exactly what they can and should say and do in response. This includes assisting management to understand its right to free speech and how to exercise that right while remaining in compliance with the law. Every manager and supervisor should have the knowledge, skill and tools to effectively lead the workforce in response to union organizing activity. Failure to do so, and the resulting confidence to make the right decisions, can lead to a vote in favour of union certification.

  • Sale or Closure

    Many issues arise when an employer transfers, closes or sells a business. We have extensive experience advising unionized and non-unionized employers as well as assisting them develop practical strategies to minimize financial impact and business disruption, including:

    • Adjustment plans
    • Checklists and timelines
    • Early termination of collective agreements
    • Golden parachute contracts
    • Mass termination
    • Notice and severance payments
    • Pension/Registered Retirement Savings Plan issues
    • Receivership/bankruptcy issues
    • Termination of employment contracts

  • Strike or Lock-Out Preparation and Business Continuity

    The possibility of a strike or lockout is a risk for some employers bound by a collective agreement.

    We help clients plan for this type of work interruption and work closely with them during the interruption itself. This includes the design and implementation of business continuity plans, communication strategies and litigation where necessary. We are also highly skilled at seeking urgent remedial relief from the Ontario Labour Relations Board and courts in the event of an unlawful work stoppage.

    Throughout it all, we appreciate it is in our clients’ long-term interest may be to build and maintain productive and trusting relationships with their trade union(s) and employees. We therefore make every effort to ensure when disagreement does occur resolution is reached with the least possible disruption while achieving our clients’ goals.

  • Workplace Audits

    In recent years the Ministry of Labour has significantly increased its focus on carrying out workplace spot audits under each of the Employment Standards, Workers’ Compensation and Occupational Health and Safety Acts. We help our clients prepare for and participate in spot audits by assisting them to:

    Self Audit

    • Understand the importance of carrying out self-audits
    • Design effective self-audits
    • Respond appropriately to the results of a self-audit

    Ministry of Labour Audits

    • Understand recent Ministry of Labour initiatives
    • Determine whether the workplace is a probable target
    • Understand what to do when an auditor comes knocking
    • Implement best practices to ensure a smooth audit process

  • Workplace Investigations

    More and more employers are recognizing the importance of workplace investigations not simply to ensure statutory compliance but to discover problems, prevent recurrence, and prepare for mediation and/or arbitration. Common circumstances in which an employer should consider conducting an investigation include (but are not limited to):

    • Substance abuse
    • Discrimination complaints
    • Harassment and/or violence complaints
    • Threats
    • Vandalism and other sabotage
    • Violations of work rules
    • Safety complaints
    • Workplace theft

    Each type of issue demands its own method of investigation. However, certain common threads run through every type of investigation situation: the investigator must be knowledgeable about applicable employment laws, uphold the privacy rights of employees and others, conduct a thorough investigation, be objective, and keep his or her mind on the ultimate goal of the investigation (i.e., discovering the underlying reasons for the problem so management can take corrective action). We regularly assist clients to consider, plan, and carry out appropriate and effective workplace investigations, including:

    • Assessing the complaint or issue
    • Refining the client’s objective
    • Determining whether to involve an expert
    • Suggesting an investigator (where appropriate)
    • Providing legal and strategic advice from start to finish including best practices
    • Implementing recommendations and follow-up

  • Workplace Safety and Insurance

    Members of Sherrard Kuzz LLP provide clients with education, assistance, management and representation in all Workplace Safety and Insurance Board (“WSIB”) and Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) matters and related adjudication. We know from experience the consequences of poorly managed claims under the Workplace Safety and Insurance Act can have a significant impact on an organization’s workplace, experience rating and, ultimately, adversely affect its financial interests.

    We work with employers to ensure all workplace injuries are managed in a timely manner to minimize the associated costs of WSIB claims. This may involve ensuring the employee is provided with a suitable modified work program; which is distinctly different from accommodation in the human rights realm. Common issues include (but are not limited to):

    • Compulsory and voluntary registration
    • Compliance audits
    • Accident investigation and reporting
    • Developing suitable modified work programs
    • Early and safe return to work and re-employment obligations
    • Employee compensation claims and reintegration programs
    • Rate group classification

    Our lawyers also have extensive experience appealing WSIB decisions; and attending hearings before the Appeals Resolutions Officers and the WSIAT. We understand the cost implications of pursuing an appeal and thoroughly discuss the risks and benefits with our clients. (see also Workplace Audits and Workplace Investigations)