Labour Law Expertise

We know your rights.

labour-law-page

Labour Law

Labour law addresses the statutory and contractual rights and duties of unionized employers, their employees, and trade unions. The B.C. Labour Relations Code provides for the statutory regulation of issues such as the duty of fair representation, unfair labour practices, certification of trade unions, successor rights and obligations, collective bargaining, strikes, lockouts and picketing, mediation and disputes resolution, and arbitration procedures. Contractual disputes arising under the collective agreement may proceed to mediation and/or arbitration

Both provincial and federal labour laws require that unions represent their members in a manner that is not arbitrary, discriminatory or in bad faith. This is known as the “duty of fair representation.” Few lawyers are willing to take on such cases which can be complex and hard to win.

Both provincial and federal labour laws require that unions represent their members in a manner that is not arbitrary, discriminatory or in bad faith. This is the so-called “duty of fair representation.” Few lawyers are willing to take on those cases. They can be complex and they are hard to win.

Unlike many labour lawyers, who represent either unions or employers exclusively, I have represented both employers and employees in labour disputes. As a result of this experience, I have gained a more balanced perspective which has enabled me to be successful with this type of dispute.

In my more than 25 years at the Bar, I have been involved in labour law and labour relations at many levels:

  • provided strategic labour law and labour relations advice;
  • provided advice to clients on the interpretation and administration of collective agreements;
  • appeared before labour tribunals, such as the BC Labour Relations Board and the Canada Industrial Relations Board, and arbitrators;
  • court proceedings in labour disputes, including injunction proceedings;
  • represented small to medium size employers in collective bargaining.

Also, unlike many labour lawyers, I have served as a arbitrator in collective agreement disputes between trade unions and employers which has provided me a unique opportunity to broaden my knowledge and strengthen my litigation practice for the benefit of my clients.

There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant. (Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.))