Labour + Employment Overview Experience People News + Views + Events Helpful Links Client Stories Law Camera Action Field Law represents clients in labour, employment, immigration, privacy, human rights and occupational health and safety matters in Western Canada. Small to mid-sized companies, large public sector clients, post-secondary institutions and professional associations facing unionized and non-unionized workforce challenges have relied on Field Law for more than a century. We also serve federal sector employers with operations primarily in Alberta, throughout the western provinces and parts of Ontario.
Field Law develops tailored solutions for virtually every organizational, policy and dispute issue that will impact your workforce, with a strong emphasis on the following:
• Access to Information and Privacy
• Collective Agreements
• Employee Discipline and Termination
• Employment Agreements and Recruitment
• Executive Compensation
• Human Resource Policies
• Human Rights Claims
• Grievance Arbitrations
• Medical and Parental Leave
• Non-Competition / Non-Solicitation Agreements
• Occupational Health and Safety (OHS)
• Compensation and Overtime Issues
• Workers’ Compensation Appeals
• Wrongful Dismissal Litigation
• Workplace Investigations
We have extensive experience in assisting clients across numerous industries in a broad range of labour relations matters, including negotiating fair collective bargaining terms, interpreting existing collective agreements, forecasting and managing potential workforce challenges and navigating complex arbitration disputes. Our primary goal is to foster cohesive labour-management relationships that enable organizations to reach their goals unimpeded by avoidable conflict and risk.
In the contemporary work environment, employers must manage through sophisticated obstacles – economic downturns, harassment, management of sick leave and accommodation issues, medical marijuana in the workplace plus many more – and they turn to Field Law to develop proactive and cost-effective strategies that enable them to maintain an effective workforce while also minimizing risk. We create value for clients through seminars and training sessions featuring custom presentations on emerging trends and best practices, as well as annual reviews of critical legal developments.
Our clients often encounter legal and business challenges that extend beyond our core labour and employment practice. To ensure all their diverse needs are satisfied, we also provide the following focused services:
Education
Our education law practice group is one of the largest in Alberta with deep experience in resolving labour relations matters concerning academic and non-academic staff, including discipline, grievances, human rights, disability management, collective bargaining and interest arbitration.
Occupational Health and Safety (OHS)
Field Law is one of the only firms in Western Canada that provides the complete range of OHS solutions to companies, executives and safety professionals in high-risk industries. Our services include due diligence program development, 24-hour emergency response, OHS compliance and regulatory action defence.
Pensions + Benefits
Our entire legal team – employment, trusts, tax, contracts, human rights, plus many more – collaborates with a vast network of non-legal financial and actuarial professionals to develop effective pensions and benefits plans and resolve related disputes.
Police Law
We advise major municipal and regional police services and police oversight bodies on new developments in police law and law-enforcement policy. We also represent them in disputes before all levels of Court, as well as LERB panels, labour arbitration boards and human rights tribunals.
Privacy
Our privacy + data management practice group provides a broad range of services to protect clients’ interests and strengthen customer relationships. Our services include privacy regulatory compliance in both the public and private sectors, developing employee and customer information management policies, auditing or assisting with Canada’s Anti-Spam Legislation (CASL) compliance, resolving disputes before courts and administrative agencies and conducting client training seminars on privacy trends and best practices.
Professional Regulatory
We advise numerous professional regulatory colleges and organizations on a wide range of matters, including governance, legislative reform, registration, continuing competence, discipline, unauthorized practice, privacy, litigation and best practices training.
Immigration
Our immigration team provides the full range of immigration and visa services for companies with international operations or global mobility programs, as well as families and individuals. We develop cost-effective solutions for business visitors, work permits, permanent residence and citizenship in Canada.
Read past articles from our monthly Workwise Series and join our labour + employment email list today to receive alerts, articles, invitations to events and more!
Al-Ghamdi v College and Association of Registered Nurses of Alberta, 2020 ABCA 81Rankin v. Alberta Curling Federation Appeals Committee, 2005 ABQB 938R. v. Salmon, 2018, Alberta Court of Queen's Bench R. v. Leblanc, 2020, Provincial Court of Alberta R. v. Mckay, 2021, Alberta Court of Queen’s Bench Rollingson Racing Stables Ltd. v. Horse Racing Alberta, , 2021, S.C.C.A. No. 21 Canada Post Corporation and Canadian Union of Postal Workers (Workplace Violence) GH v. Edmonton (Police Service), 2016 ABLERB 006, Alberta Law Enforcement Review Board Echavarria v. The Chief of Police of the Edmonton Police Service, 2016 AHRC 005, Alberta Human Rights Commission Engel v. Edmonton (Police Service) MacDonald v. Camrose (Police Service), 2014 ABLERB 055, Alberta Law Enforcement Review Board Summit Care Corporation (Calgary) Ltd. And Alberta Union of Provincial Employees, Health Care and Service Employees Union (CLAC), [2009] Alta L.R.B.R. LD-14, Alberta Labour Relations Board All Seniors Care Living Centres and Pevancie Group Staffing Ltd., Alberta Union of Provincial Employees, [2008] Alta L.R.B.R. LD 53, Alberta Labour Relations Award Bethany Care Society and Alberta Union of Provincial Employees (Clarke Grievance), (2008) 97 C.L.A.S. 20 (Francis), Alberta Grievance Arbitration Award Calgary Islamic School and The Alberta Teachers' Association, [2008] Alta. L.R.B.R. LD-8, Alberta Labour Relations Board David Thompson Health Region (Alberta Hospital Ponoka) and Alberta Union of Provincial Employees (Makus Grievance), [2007] A.G.A.A. No. 59 (Tettensor), Alberta Grievance Arbitration Award School Boards Employer Bargaining Authority v. The Alberta Teachers' Association, [2007] Alta. L.R.B.R. 240, Alberta Labour Relations Board Weston Bakeries Limited and Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 252, [2006] Alta. L.R.B.R. LD-30, Alberta Labour Relations Board Weston Bakeries Limited and Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 2 (Interpretation of COLA Clause), [2004] A.G.A.A. No. 20 (Elliott), Alberta Grievance Arbitration Award Woods Homes and Canadian Union of Public Employees (McQueen Grievance), [2003] A.G.A.A. No. 28 (Smith), Alberta Grievance Arbitration Award Burnco Rock Products Ltd. and General Teamsters, Local 362 (Beaton Grievance), [2002] A.G.A.A. No. 99 (Moreau), Alberta Grievance Arbitration Award Graham Construction and Engineering (1985) Ltd. And United Brotherhood of Carpenters and Joiners of America, Local No. 1325, [2001] Alta. L.R.B.R. 10, Alberta Labour Relations Board Relizon Canada Inc. and Communications, Energy and Paper Workers Union of Canada, Local 746, [2001] Alta. L.R.B.R. LD-49, Alberta Labour Relations Board Alberta Ballet Company and Canadian Actors' Equity Association, [2000] Alta. L.R.B.R. LD-23, Alberta Labour Relations Board Alberta Teachers' Assn. v. Moreau, [1999] A.J. No. 435, ABCA 128, Alberta Court of Appeal Avis Car Inc. and United Food and Commercial Workers, Local 401 (Villaverde Grievance), [1999] A.G.A.A. No. 59 (Jones), Alberta Grievance Arbitration Award Calgary Roman Catholic Separate School District No. 1 and the Alberta Teachers' Association, [1999] Alta. L.R.B.R. LD-82, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1999] Alta. L.R.B.R. LD-14, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-6, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-10, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-14, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-5, Alberta Labour Relations Board Alberta Teachers' Assn. v. Moreau, [1997] A.J. No. 540, Alberta Court of Queen's Bench Landry v. Holy Spirit Roman Catholic Separate School Division No. 4, [1997] A.J. No. 1091, Alberta Court of Appeal Alberta Teachers' Assn. v. Calgary School District No. 19, [1996] A.J. No. 867, Alberta Court of Queen's Bench Hempel v. Canada (Attorney General), [1996] F.C.J. No. 652, Federal Court of Appeal Master Mechanical Plumbing & Heating (1986) Ltd. And United Association of Journeymen and Apprentices of Plumbers and Pipefitting Industry of the United States and Canada, Local Union No. 496, [1997] Alta. L.R.B.R. LD-31, Alberta Labour Relations Board R. v. Collins, [1996] A.J. No. 1045, Alberta Provincial Court Re Calgary Roman Catholic Separate School District No. 1 (MacDonald Grievance), (1996) 68 L.A.C. (4th) 1 (Sims), Alberta Grievance Arbitration Award Moore and Saddle Lake Education Authority, [1995] C.L.A.D. No. 547 (Anderson), Canada Labour Code Adjudicator Re Board of Trustees of Calgary Board of Education (Insurance Policy Grievance), [1995] Alta. G.A.A. 95-091 (Hawco), Alberta Grievance Arbitration Award Re Board of Trustees of Calgary Board of Education (Aizenman Grievance), (1994) 46 L.A.C. (4th) 353. (Moreau), Alberta Grievance Arbitration Award Yagos v. Crowsnest Pass School Division No. 63, [1994] A.J. No. 379, 19 Alta. L.R. (3d) 287(Q.B. Bd of Ref), Alberta Court of Queen's Bench Dant Industries Limited, [1988] OLRB Rep. November 1149, Ontario Labour Relations Board November 28, 2024 OHS + Crisis Management Planning Lunch + Learn In today’s unpredictable world, ensuring your business is prepared for health and safety challenges is more important than ever. Whether it's navigating Occupational Health and Safety (OHS) regulations or developing a robust crisis management... November 2024 - 4 min read Recruiting Risks: How Inducement Impacts Employer Liability for Notice Periods Workwise Newsletter
Employers who actively recruit individuals from secure employment may face exposure to an award for a significantly longer period of common law notice if the employment relationship does not work out. Courts often consider inducem... November 7, 2024 Coffee + Counsel: Contractor or Employee? Avoid Costly Classification Mistakes Q+A Session Join us for Coffee + Counsel, a complimentary webinar series where you can connect with our lawyers for an unscripted discussion about legal issues relevant to organizations operating in Alberta and the Northwest Territories. We'll be sharing our l... September 2024 - 5 min read Paying For Your Own Defence: What Directors + Officers Should Know Workwise Newsletter
Directors and officers of Alberta corporations may need to pay for their own legal defense if sued or investigated unless they have an agreement with the company for advancement of legal fees. While indemnity is possible after proceedi... August 2024 - 5 min read Workplace Drug Testing: What Alberta's Latest Cases Mean for Employers Workwise Newsletter
Two recent Alberta Court rulings highlight the importance of compliance with workplace drug and alcohol policies, especially in safety-sensitive roles. The courts upheld the enforcement of these policies, even when employees disputed t... August 2024 The Best Lawyers™ in Canada 2025 Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ... August 2024 - 5 min read Court Overturns Job Terms Added After Offer Acceptance Workwise Newsletter
The British Columbia Supreme Court ruled against an employer who added restrictive employment terms after an employee had accepted a job offer, finding the new terms unenforceable due to a lack of fresh consideration. The decision high... July 2024 - 6 min read First Court Decision Interpreting New Streamlined Trial Rules in Alberta
In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employer ... July 2024 - 3 min read Understanding Privilege in Workplace Investigations Workwise Newsletter
The Alberta Court of King’s Bench recently ordered the disclosure of various records concerning the employer’s decision to terminate the employee’s employment for cause. The employer claimed that the records fell with... June 12, 2024 Legal Considerations for Employee Off-Duty Conduct Webinar The actions of employees outside of work hours can have significant implications for their careers and their employer’s business. As employees and employer both navigate an increasingly connected world, it is vital to understand the boundaries of... May 2024 - 4 min read Non-Competition Covenants in Alberta Workwise Newsletter
While the U.S. and Ontario have recently banned the use of non-competition covenants (Non-Competes) in most employment contracts, Alberta still relies on common law to enforce them. Courts in Alberta are cautious, requiring employers t... April 2024 - 2 min read Court Rules in Favour of Employee in Dismissal Dispute Workwise Newsletter
The Ontario Superior Court ruled in favour of a dismissed employee and found the employer breached their duty of good faith and fair dealing based on a surreptitious recording of the termination meeting. Employers should always ac... March 2024 - 2 min read Employers Do Not Have the Right to Terminate an Employee “At Any Time” Workwise Newsletter
The Ontario Supreme Court recently ruled that employers do not have the right to terminate employees "at any time". The Court held that the termination clause was unenforceable because it could violate statutory protected lea... March 2024 - 4 min read What Kind of Signature is Required? CPHR Alberta Newsletter
In today's digital age, HR professionals face critical decisions regarding the use of electronic versus traditional wet ink signatures for employee documents. This choice hinges on legal compliance, security, and the specific requi... February 2024 2023 - A Year in Review: Labour + Employment (Part 2) Seminars + Webinar Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series covered Employment, Privacy and Human Rights. To view Part 1, ... February 2024 - 5 min read Unionized Employee: Grievance or Human Rights Complaint? Workwise Newsletter
The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. However, the Comm... January 2024 Field Law Welcomes New Partners Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant mi... February 2024 2023 - A Year in Review: Labour + Employment (Part 1) Seminars + Webinar Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series covered Labour and Occupational Health + Safety. To view Part 2, which c... November 2023 - 12 min read Navigating OHS Compliance Post-Sudbury Workwise Newsletter After a wait of about a year, Canada’s highest court has finally issued its ruling in a case that had OHS afficionados—and what reader of Field Law’s OHS communiques is not?— on the edge of their seats. In what promised to... December 2023 - 3 min read ‘Tis the Season to be Jolly… But be Careful! Workwise Newsletter
With the holiday season upon us, employers are advised to establish clear workplace policies on alcohol and drug consumption, plan events with safety considerations like drink tickets and alternative transport, and closely monitor even... October 26, 2023 Bow Valley Business Series: Employment 101 Lunch + Learn As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents.
Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect... September 2023 - 4 min read New Tax Law Amendments That May Affect Employers Workwise Newsletter
Recent changes to the Income Tax Act may affect how employers approach settlement. Under these new amendments, any transaction that meets the updated definition of an “avoidance transaction” must be reported and filed with ... September 2023 - 6 min read Addressing the Legal Issues Arising from the Use of AI in Canada
In September 2023, the Canadian government released new guidelines highlighting the increasing impact of Artificial Intelligence (AI) on businesses. Intellectual property, liability, data privacy, bias, transparency, ethics, and govern... August 2023 - 4 min read Human Rights Claims After Termination of Employment: A Valid Release Puts the Past in the Past Workwise Newsletter
Signing a release – or requiring an employee to sign one – should never be taken lightly. Nearly 25 years ago, the Alberta courts clarified that while an employee cannot contract out of their human rights protections, an em... August 2023 The Best Lawyers™ in Canada 2024 42 Lawyers Recognized Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ... August 2023 - 9 mins Russian Association Claims Exclusion from Edmonton Heritage Festival is a Human Rights Violation Edmonton AM with Mark Connolly, Tara McCarthy The Edmonton Heritage Festival has made the decision to bar the Russian pavilion from the annual event due to "safety concerns." Now, the Russian association says the exclusion is a human rights violation. Jason Kully joined Edmonto... July 2023 Amendments to the Competition Act and What Can Happen if You Don’t Comply Law Camera Action: Field Law Talks Law What are the new amendments to the Competition Act, and what can happen if you don't comply?Amendments to the Competition Act prohibit companies from entering into no-poach agreements and wage-fixing agreements with respect to employees. Lee C... July 2023 - 3 min read Screening Stage Showdown: Increased Odds of Complaints Going to Hearing Workwise Newsletter
This ruling implies that human rights complaints are more likely to proceed to a hearing when credibility is a significant factor. It is crucial for employers to be prepared for such situations and ensure they gather sufficient evidenc... July 2023 Legal Column - Side Gigs Edmonton AM with Mark Connolly, Tara McCarthy An education assistant in BC with a racy OnlyFans account has been fired for what her employer calls 'egregious' conduct. Jason Kully joined Edmonton AM with Mark Connelly, Tara McCarthy to explain just how much control an employ... June 13, 2023 Coffee + Counsel: Common Pitfalls to Avoid with Employment Contracts Q+A Session Join us for Coffee + Counsel, a complimentary webinar series where you can connect with our lawyers for an unscripted discussion about legal issues relevant to organizations operating in Alberta and the Northwest Territories. We'll be sharing our l... June 1 , 2023 - 6 min read Non-Solicitation Covenant in Employment Contract Enforced Workwise Newsletter
Non-solicitation covenants are clauses that prohibit employees from soliciting clients or employees from their former employer after leaving the company. The courts have generally upheld these covenants when they are reasonable in scop... June 2023 - 8 min The Right to Work from Home Edmonton AM with Mark Connolly, Tara McCarthy After allowing employees to work from home for most of the pandemic - more and more employers are mandating a return to the office, at least for part of the week. That has some employees asking: is there a right to work from home? Jason Kully ... May 2023 Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs? Law Camera Action: Field Law Talks Law Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs? Alberta’s Rural Renewal Immigration Stream is a lesser-known and used avenue for quickly bringing eligible workers to smaller communities in Alber... April 2023 - 2 min read Overtime Pays Off: Court Expands Employees' Ability to Seek Unpaid Overtime Workwise Newsletter
The Court recently determined that employees can claim more than six months of overtime pay in wrongful dismissal actions. Employers should ensure they have enforceable overtime agreements to avoid potentially significant awards for ... April 2023 - 6 min read Employer’s Claim of After-Acquired Cause Denied Canadian HR Reporter Can a without-cause dismissal be recharacterized later as for cause - even if the material circumstances were known to the employer before the dismissal?Francesca Ghossein weighs in on a recent case that confirms employers can’t change their mind... April 2023 - 7 min Know the Limits of Private Information Edmonton AM with Mark Connolly, Tara McCarthy A tight rental market in Alberta has led to some landlords asking for a lot of personal information from prospective tenants. CBC heard from some tenants who said landlords they dealt with were asking for their social insurance numbers, copies of drive... March 2023 - 3 min read Employer Cannot Change Termination from Without Cause to With Cause Workwise Newsletter
The Court found that an employer could not recharacterize a without cause dismissal of one of its employees as termination for cause when the material circumstances were known to the employer before the dismissal.
... March 2023 - 4 min read Changes to Alberta’s Occupational Health and Safety Code Workwise Newsletter
Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their organization and assess whether practices need to be changed or implemented ... March 15, 2023 How Much Personal Information is Your Employer Entitled to? Edmonton AM with Mark Connolly, Tara McCarthy Personal information belonging to current and former Indigo Books employees was recently compromised in a massive hacking incident. To learn more about what information employers should and should not be collecting, Edmonton AM was joined by Jason... February 28 - 3 min read Doth ‘Proclaim’ Too Much: Collective Agreement Gives the Word Special Meaning Workwise Newsletter
A statement from the Prime Minister was not enough to "proclaim" the National Day of Mourning for Queen Elizabeth II's passing a holiday under a collective agreement in Ontario. The word "proclaim" used i... February 2023 The Importance of Clear Language in Employment Contracts Law Camera Action: Field Law Talks Law What should you look out for as an employer when creating employment contracts?As an employer, you are responsible for creating employment contracts, so what happens when a dispute arises from the interpretation of an employment agreement? Austin Ward ... February 2023 2022 - A Year in Review: Labour + Employment (Part 2) Seminar + Webinar Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Employment and Human Rights. To view the recording for Part 1, whic... January + February 2023 2022 - A Year in Review: Labour + Employment (Part 1) Seminar + Webinar Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series will cover Labour, Occupational Health + Safety and Immigration. To view the ... January 2023 Proposed Increase in the Provincial Court Civil Claims Limit Law Camera Action: Field Law Talks Law How will the proposed increase of the Provincial Court civil claims limit affect you?While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Cou... December 2022 - 4 min read Push it to the Limit: Amendments to the Provincial Court Act
While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases. This gives litigants more flexi... December 2022 - 3 min read Mitigation Obligation Clarified: Employee Not Required to Seek Lesser-Paying Job Workwise Newsletter
The Ontario Court of Appeal has clarified that a terminated employee is obligated to mitigate damages by seeking comparable employment to her previous job, not lesser jobs.
The Court set aside a previous decision to reduce ... December 2022 Employer Liability at Events Law Camera Action: Field Law Talks Law How can you minimize your legal exposure when serving alcohol at work events?It’s the most wonderful time of the year, the holiday season, and you’re probably getting ready to host some fun events to celebrate. However, if you choose to ser... November 2022 Right to Disconnect Law Camera Action: Field Law Talks Law What does the "right to disconnect" mean, and how does this affect Alberta employers? Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Albert... October 27, 2022 An Employer's Guide to Hybrid Work Arrangements
Workshop Employers have been navigating the COVID-19 pandemic longer than we anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote or... October 2022 - 3 min read Two Words Too Many? Drafting Termination Provisions in an Employment Contract is Delicate Work Workwise Newsletter A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions.
In Bryant, three employees whose employment was terminated on 60 days’ notice argued they had... September 2022 Privacy Torts + Vicarious Liability: What Can Organizations Do? Over the last two decades, we have slowly realized that our personal information is not nearly as personal or private as it used to be. It seems that someone or something is attempting to collect and use our personal information at every turn. Both the... August 17, 2022 Employment Law Fundamentals ASBA Taps + Tips Join Kelly Nicholson and the Alberta Small Brewers Association for a presentation and Q+A session on employment law fundamentals.Topics covered will include:
Why employers should have a written employment agreement
Most important provisions to in... August 2022 - 2 min read Constructive Dismissal: Silent Acquiescence = Acceptance Workwise Newsletter The Alberta Court of Appeal confirmed the test for constructive dismissal and reaffirmed that the onus is on the employee to decide whether they accept the new terms of employment within a reasonable timeframe - in this case, ten business days.
... July 2022 - 3 min read Alberta Court Releases First Decision Regarding Masking Policies + Constructive Dismissal Workwise Newsletter The Alberta Court of Queen’s Bench recently held that the employee was not constructively dismissed when placed on an indefinite unpaid leave for failing to comply with a mandatory mask policy. This decision suggests that when an employee re... June 2022 - 5 min read Employment Contracts: Leave No Room for Interpretation! Workwise Newsletter
What You Need To Know
In the case of Rice v Shell Global Solutions Canada Inc, the majority of the Alberta Court of Appeal emphasized the importance of clearly identifying the term of an employment contract and the parties’ obligations and e... April 2022 - 3 min read Back to the Office: Legal Considerations for Employers Workwise Newsletter On March 1, 2022, the Province of Alberta entered stage 2 of the Government’s three-stage process for easing COVID-19 restrictions, which resulted in the lifting of nearly all remaining public health restrictions, including Alberta’s mandat... April 7, 2022 Coffee + Counsel: Employer Considerations for the Removal of Vaccination Policies Q+A Session Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov... March 2022 - 10 min read In Good Faith: Seven Cases Impacting Your Contracts In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra... February 24, 2022 2021 - A Year in Review: Labour + Employment (Part 2) Webinar Join members of our Labour + Employment Group for our annual Year in Review webinar, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Human Rights and Employment. To view the recordin... February 2022 - 2 min read Mandating the 'Right to Disconnect' in Ontario Canadian Lawyer The COVID-19 world we now live in has shown employers and employees the advantages and challenges of working remotely. Employees have embraced the increased flexibility of working from home, and the benefits of not spending time going back and forth to... February 2022 - 3 min read Substantial Damages Awarded for Refusal to Use Proper Pronouns Workwise Newsletter What You Need to Know
A recent British Columbia Human Rights Tribunal (BCHRT) decision awarded $30,000 in damages to a restaurant employee due to the actions of a co-worker who repeatedly and deliberately misgendered them by referring to them using ... January 2022 - 4 min read Significant Changes to Union Dues + Union Financial Statements Workwise Newsletter On July 7, 2020, the Government of Alberta introduced Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020. The intent of Bill 32 was to support economic recovery, restore balance in the workplace, and get Albertans back to work.Whil... January 25, 2022 2021 - A Year in Review: Labour + Employment (Part 1) Webinar Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series covered Labour and Occupational Health + Safety. To view the recording for Part 2,... December 7, 2021 Mandatory Vaccination Policies: What Case Law is Telling Us So Far As we all learn to live with COVID-19 and as workers move back into the workplace, many employers have implemented various types of policies regarding COVID-19 vaccination. A few months have passed, some specific legal cases have started to slowly... November 2021 Case Law Update: Are Mandatory Vaccination Policies Allowed in the Workplace? Workwise Newsletter
Various questions arise from the competing interests of employees and employers when dealing with mandatory vaccination policies. While there were labour arbitration decisions relating to influenza and other vaccines, until very recently, there were ... November 2021 - 4 min read When Will Employers Be Liable for the Off-Duty Conduct of Their Employees? Workwise Newsletter
The ability of employers to monitor and control the actions of their employees is limited. However, employers can be vicariously liable for the actions and omissions of their employees. This means that employers will be liable for acts or omissions, ... November 17, 2021 Coffee + Counsel: Family Status Accommodation - Where Are We Now? Q+A Session Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov... November 16, 2021 Field Law Recognized in The Globe and Mail’s Canada’s Best Law Firms 2022 List At Field Law, we continually aim to provide the best legal advice and client service in western and northern Canada; receiving recognition for work we are passionate about is simply a bonus. We are proud to announce we have been recognized as one ... November 10, 2021 4 Key Questions About New OHS Rules in Alberta Canadian HR Reporter For employers operating in Alberta, Dec. 1 will bring a brand new occupational health and safety regime, as the province enforces its new OHS act.Canadian HR Reporter recently spoke with Steve Eichler, partner at Field Law in Calgary, about w... October 2021 - 4 min read Just in Time for the Holidays! The New and Improved OHS Act Takes Effect on December 1, 2021 Avid Field e-blast readers will recall our reporting that on December 9, 2020, the Government of Alberta passed Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, which amended various work-related statutes, including Alberta’s&nbs... October 2021 - 3 min read Human Rights in Unionized Workplaces: Do Arbitrators Have Exclusive Jurisdiction? Workwise Newsletter In a decision released last Friday, the Supreme Court of Canada affirmed the exclusive jurisdiction of labour arbitrators to consider all matters falling under a Collective Agreement, including human rights claims. In Northern Regional Health Auth... July 2021 - 7 min read Clarity From Confusion: Court Confirms Test for Family Status Discrimination Workwise Newsletter Jonathan Swift once observed that there is nothing constant in the world but inconsistency. The truth of that statement is nowhere more apparent than in the Canadian law governing family status accommodation, where the legal test applied to a... July 2021 - 5 min read Can Temporary Layoffs Due to COVID-19 be Considered Constructive Dismissal? Workwise Newsletter During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were directly or indirectly forced to lay off employe... June 2021 CERB’ing Your Enthusiasm: Court Deducts COVID Wage Replacement Amounts From Notice Period Despite the breadth and depth of the effects of the pandemic, we have not seen many reported court decisions considering the impact of federal emergency pandemic payments on termination pay. In fact, to date, only two reported decisions appear to have ... May 19, 2021 Coffee + Counsel: Employers, Are You Ready for the COVID-19 Vaccine?
Q+A Session Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov... March 2021 - 4 min read Important Development Regarding Racial Slurs in the Workplace Workwise Newsletter
Ontario Arbitrator finds that one instance of racial slurs creates the rebuttable presumption that termination is within the range of reasonable disciplinary responses.
The Ontario arbitration case of Levi Strauss & Co. v Workers United C... February 24 + March 10 2020 - A Year in Review Webinar Series Did you miss the Field Law Labour + Employment Group's annual Year in Review? The recordings are now available!
Is employer-friendly OHS legislation coming to a worksite near you? What are the impacts of COVID-19 on employment legislation a... January 2021 - 3 min read "I Quit!" - When is a Verbal Resignation Valid? Workwise Newsletter In Conway v. Griff Building Supplies Ltd., 2020 CarswellBC 3112, an employee was found to have resigned verbally during a meeting, despite failing to provide a formal resignation letter. The Court considered the matter from the ‘perspec... November 2020 - 3 min read Largest Costs Award in Alberta Human Rights History Upheld on Appeal In Facey v Bantrel Management Services Co., 2020 ABQB 719 Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case. The respondent to the appeal, Bantrel ... October 7, 2020 Cocktails + Counsel: Workplace Accommodation in the COVID Era
Q+A Session Join Field Law for the second installment of a complimentary new webinar series that brings you together (virtually) with a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal pers... October 2020 - 2 min read Simple as Pie? Not Exactly Up Here Business Magazine Employment contracts don’t have to be difficult, but do take care. Making a new hire can be a happy time for a business. That said, it’s important to take the long view and make sure your employment contract covers the issues that are impor... September 2020 - 2 min read Workplace Bullies: An Employer's Duty to Respond Workwise Newsletter The importance of a prompt and meaningful investigation into a workplace complaint was highlighted in Bassanese v German Canadian News Company Limited. An employer was ordered to pay $50,000 in aggravated damages for failure to properly ... August 2020 - 1 min read UPDATE: CERB Extension and Changes to Employment Insurance The Federal government has announced a four-week extension to the Canada Emergency Response Benefit (CERB).As explained by the Government of Canada, the CERB is being extended from 24 weeks to 28 weeks for workers who:
stopped working due to COVID-... July 23, 2020 Coffee + Counsel: Mitigating Risk as Employees Return to Work Q+A Session Field Law presents a new series that brings together you and a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal perspectives.
As businesses open up again, and employees retur... July 2020 - 1 min read Update: Proposed Changes to the Canada Emergency Wage Subsidy (CEWS) UPDATE: Bill C-20 passed Royal Assent on July 27, 2020. As a result, the changes to the Canada Emergency Wage Subsidy program, described in detail below, came into force on July 27, 2020.
On July 17, 2020, the Canadian government proposed changes to... July 2020 - 5 min read Highlights of Bill 32: Restoring Balance in Alberta’s Workplaces Act Workwise Newsletter UPDATE: Bill 32 passed Royal Assent on July 29, 2020. As a result, the changes to the Employment Standards Code and the Labour Relations Code, described in detail below, will begin to come into force. The now passed legislative amendments com... July 8, 2020 WFH: Policies + Considerations Beyond the Pandemic
Webinar The COVID-19 pandemic forced many employers and their employees to abruptly adopt work-from-home arrangements. Although the relaunch of the Alberta economy is underway, employers and employees have become accustomed to remote work and “Zoom&rdquo... June 2020 - 2 min read Bill 24: A Further Extension of the Temporary Layoff Period to 180 Days As we reported in April, the Government of Alberta previously announced an extension of the temporary layoff period in Alberta’s Employment Standards Code (the “Code”) from 60 days to 120 days.Recently, the Government of Alberta intro... June 2020 - 2 min read CERB Extension – What Does This Mean for Employers? The Federal Government recently announced an extension to the Canada Emergency Relief Benefit (CERB). The program, set to expire at the end of June, will now be available to support Canadians unable to work due to the COVID-19 pandemic till the end of ... June 2020 - 6 min read Ready for Re-Launch! – Practical Advice for Employer “Return to the Workplace” Planning Amidst COVID-19 As endless as these past few months have seemed, it was not so long ago that most workplaces had to abruptly wrestle with how to scale down and make sometimes drastic changes to the way that their work gets done in the face of the COVID-19 pandemic. Wh... June 2020 - 2 min read What to do When an Employee Resigns after Being Recalled to Return to Work Employers Asked, We Answered As restrictions begin to lift, many employers are recalling employees from temporary layoff. In some cases, employees are responding to the request to return to work by resigning. As a result, many employers are wondering whether they are complicit in ... May 2020 - 2 min read Employees are Afraid to Return to Work. Now What? On May 13, 2020 we hosted a webinar about pandemic-related work refusals as Alberta and other governments enable businesses and other organizations to reopen and call employees back to work. The most frequently asked question was: What do I do with an ... May 13, 2020 We said “Back to work!” They said “We refuse!” Now what? Webinar The Alberta government announced its "safely staged COVID-19 relaunch" and you’re thinking it’s time to call your laid-off or working-from-home crews back to work. Or you’re carrying on providing essential services and the &... April 22, 2020 Lay-offs vs. Canada Emergency Wage Subsidy: Pros + Cons What are the best options for your organization now, during the pandemic, and post-pandemic?
The response to COVID-19 has resulted in a shut-down of the economy. While the operating costs for organizations have remained, revenues have dropped dramat... April 2020 The Nuts + Bolts of the CEWS for Employers As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, sp... April 2020 Roadmap for Employers Navigating COVID-19 April 2020 Eight Things to Know About the Canada Emergency Wage Subsidy The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020.
On April 11, 202... April 2020 Temporary Changes to Alberta Employment Standards Legislation On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time. What we know about the changes so far, and their po... April 1, 2020 Privacy + Data Management Considerations for Employers in a Pandemic Webinar During a pandemic it can be difficult to balance employee privacy rights with the need to collect the information required to make critical decisions. Presented by Katrina Haymond and Kelly Nicholson, this webinar will provide employers with informatio... April 1, 2020 UPDATE: What Does the 75% Wage Subsidy Mean for Employers? The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided:
The Subsidy is available to companies (including partnerships and sole p... March 2020 Virtual Workplace: Employers Can Rely on Electronic Employment Records Recent changes in legislation permit Alberta employers to use electronic signatures and maintain electronic employment records. These legislative changes are particularly helpful as employers navigate increasingly common work-from-home arrangements and... March 27, 2020 What Does the 75% Wage Subsidy Mean for Employers? On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wag... March 25, 2020 Your Guide to the Federal COVID-19 Aid Legislation Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19. Part of Bill C-13 brou... March 19, 2020 New Federal Support for Employees + Employers As part of a new $82 billion spending package, the federal government today announced that approximately $27 billion would be directed to support for employers and employees affected by the COVID-19 situation. Parliament could be recalled as early as n... March 18, 2020 UPDATE: Alberta Government Announces Details of COVID-19 Leave On March 16, 2020, Field Law reported on the Alberta government’s plans to amend the Employment Standards Code to allow employees who are required to self-isolate or care for a family member with COVID-19 to take 14 days of paid leave to cover th... March 16, 2020 COVID-19: An Update for Employers Changes to Alberta’s Employment Standards Code and an Updated Employer’s Guide to Managing Pandemics in the Workplace While the risk of contracting COVID-19 in Alberta and the Northwest Territories remains low, the situation is fluid and changing quickly. As a result, employers worldwide are balancing the steps necessary to lessen the effects of COVID-19 with continui... February 2020 Just Horsing Around: When Off-Duty Conduct Becomes Cause to Terminate Workwise Newsletter The ever pertinent question of when off-duty conduct will constitute just cause dismissal was recently considered by an arbitration board in Prince Edward Island (Canadian Union of Public Employees v A Nursing Home Inc.). An individual was termina... February 2020 “False Light” Publicity: A New Risk in Data Management Canadian courts have traditionally been more reluctant than their American counterparts to recognize torts relating to privacy interests. The American Law Society adopted the following four torts protective of individual privacy some time ago in its we... February 2020 An Employer’s Guide to Managing the Coronavirus in the Workplace Alert While the public risk associated with the Coronavirus in Canada is still considered low, employers should prepare antidotes for the various workplaces issues that arise in the wake of large-scale threats to health. Below are some frequently asked quest... Winter 2020 2019 - A Year in Review Seminar Series Seminars Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou... December 2019 One Bad Apple: When Can an Employee’s Bad Attitude Justify Termination? Workwise The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills... November 2019 Bill 21: Key Aspects for Alberta Employers Alert The Alberta government introduced Bill 21: Ensuring Fiscal Sustainability Act, 2019 on October 28, 2019. This bill proposes several legislative changes that will impact labour and employment relations in the Province and which raise various considerati... October 2019 Get With the Times! The Alberta Court of Appeal Weighs in on Sexual Harassment in the Workplace Workwise Newsletter The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace. The City of Calgary (the “City”) ... October 2019 Election Day Voting Rights Alert As most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote (unless an employee has already exercised the right to vote by casting an advance ba... September 26, 2019 Must Have Policies for Employers: Why, What + How Seminars Join Field Law in Edmonton and Calgary and learn tips and tricks to assist with the implementation and enforcement of three workplace policies Employers should have in place in today’s market.We will explore how changes in legislation and culture... September 2019 Can’t Have Your Cake and Eat it Too: No Wrongful Dismissal Damages if Disability Benefits Paid Workwise Newsletter In Belanger v Western Ventilation Products Ltd, 2019 ABQB 571, a Master of the Alberta Court of Queen’s Bench found that an employee who became disabled after his notice of termination was not entitled to wrongful dismissal damages because the em... August 2019 Alberta Court of Appeal Confirms the Limitation Period for Statutory Damages Claims under PIPA Alert The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act applicable to a statutory claim for damages under the Personal Information Protection Act (PIPA) does not begin to run until a Commissioner&... July 2019 Reality Check: Can You Contract Out of Being an Employer? Workwise Newsletter With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally tips in favour of the employer. Employers are responsible for providing training and supervision to employees, c... June 2019 Changing the Health and Safety Culture Business in Calgary May 2019 Human Rights Tribunal Renders Landmark Costs Award Against Complainant Workwise Newsletter In Facey v Bantrel Management Services Co., 2019 AHRC 4 the Alberta Human rights Tribunal made a watershed costs award against a complainant. Tribunal Chair Langlois-Klassen acknowledged in her decision that costs should only be awarded against a compl... May 2019 Heads Up: Labour + Employment Laws Are Changing Again Alert On Monday May 27, the UCP-led Government of Alberta introduced Bill 2: An Act to Make Alberta Open for Business. Bill 2 passed its first reading and is aimed at reversing some of the legislative changes made by the NDP during its time in government. If... February 2019 A New Approach to the Reasonable Expectation of Privacy: R v Jarvis, 2019 SCC 10 Labour + Employment Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin... Winter 2019 2018 A Year in Review Seminar Series Seminars The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:
Part 1:
Human Rights
... January 2019 The Long And Winding Road To Accommodation - How Long Is Too Long? Workwise Newsletter Ontario English Catholic Teachers’ Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitab... November 2019 Precise Language Needed to Override Reasonable Notice Workwise Newsletter It is fairly common for a written employment agreement to seek to limit an employee’s termination notice to the minimum amount prescribed under employment standards legislation. However past case law suggests that doing so may be more difficult t... Our client: A large, federally-regulated employer, with a major, national operation and a non-union workforce.
- Where we began: The company purchased a unionized operation and needed help integrating the two operations. As Frank put it, "Our client wanted to realize the efficiencies of merging into one, non-union location while recognizing the rights of the union employees. First, however, we needed to assess the legal issues and the scope of the unionized workers' rights."
- Our approach: In collaboration with the client, we decided to keep the unionized group initially separate. "This allowed the client time to sort out the complicated issues and scenarios involved including the impact on the client's national operations and to negotiate with the union."
- The result: The client expects a settlement that includes removal of some union job categories, subject to the agreement's approval by the Canada Industrial Relations Board.
Client focused results
An employee was terminated after 17 years of service and offered six months’ severance. The client initially came to Taylor to review a severance package before signing anything.
In an attempt to resolve the issue quickly and without litigation, Taylor began by sending a demand letter to the employer outlining the client’s proper entitlements in law. The client was dissatisfied by the employer’s response to the letter and started a lawsuit against the employer. Taylor brought an application for summary judgment (meaning a determination of the merits of the case without need for a full trial).
Taylor’s application was successful. The client was awarded double what was originally offered by the employer, 12 months of pay in lieu of notice, with a small deduction of two weeks of wages earned in his new job. The client was also reimbursed for 11.5 months of extended healthcare benefits and awarded legal costs.
The client was thrilled with the outcome and was particularly happy to avoid the need for and delay in waiting for a trial. By working closely with the client from the outset, Taylor was able to craft the case she argued and adapt the strategy to suit the client’s appetite for litigation. Ultimately, Taylor effectively used the Rules of Court to provide a cost and time efficient resolution for the client.
Assisting a client with a complex grievances case
An employer was facing numerous grievances in relation to a single employee. The case was very complicated because of the high number of grievances, documents and witnesses. The case proceeded to arbitration, however, due to the effectiveness of the way Leanne helped present the employer’s case, the union ultimately withdrew the grievances. Leanne was successful because she advocated strongly on behalf of her client but maintained a respectful and collaborative relationship with the union throughout. Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs?
Alberta’s Rural Renewal Immigration Stream is a lesser-known and used avenue for quickly bringing eligible workers to smaller communities in Alberta. Work permits are currently being approved within one month and are Labour Market Impact Assessment exempt. Cory Dawson provides some key points to consider when deciding if this is the right option for your organization. What changes to Alberta’s Occupational Health and Safety Code should you be aware of?
Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their organization and assess whether practices need to be changed or implemented to ensure compliance. Steve Eichler provides a summary of the changes you should look out for. What should you look out for as an employer when creating employment contracts? As an employer, you are responsible for creating employment contracts, so what happens when a dispute arises from the interpretation of an employment agreement? Austin Ward provides an example of how the Courts may interpret these contracts and why you should carefully review your termination clauses. How will the proposed increase of the Provincial Court civil claims limit affect you?
While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases. These limit increases, once enacted, are meant to reduce pressure on courts and allow more Albertans to file claims in Provincial court. But what other effects will it have? Here are three things that may impact you. How can you minimize your legal exposure when serving alcohol at work events?
It’s the most wonderful time of the year, the holiday season, and you’re probably getting ready to host some fun events to celebrate. However, if you choose to serve alcohol at your party, you may become directly liable for any damages that arise if an attendee is overserved or drives while impaired and hurts themselves or others. What does the "right to disconnect" mean, and how does this affect Alberta employers?
Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Alberta. What are the new amendments to the Competition Act and what can happen if you don't comply? Amendments to the Competition Act prohibit companies from entering into no-poach agreements and wage-fixing agreements with respect to employees. Lee Carter provides an overview of what these changes mean and what can happen if you don’t comply. Disclaimer: Information in these videos is for informational purposes only. It is not legal advice and should not be perceived as legal advice. |
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