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Labour Law

Employer as well as employee can use our legal services for recommendations, advice and representation in the course of their employment relationship. We can offer assistance and represent you in your dealings with the Commission des normes du travail, the Commission de la santé et sécurité au travail, before judicial courts and throughout any arbitration process about labour law.

We can provide support when drafting, negotiating or analyzing various documents such as employments contracts and hiring policies, collective agreements, when inserting non-compete clauses in employment contracts of key employees, letters of termination of employment and release, policies related to the use of technological equipment and the internet, etc.

In terms of collective agreement, we can represent you during the preparation stage and the conduct of hearings before arbitration tribunals, the Commission des relations du travail and the higher courts. Whether as an employee or an employer, and in any area of law, including in matters relating to strikes (picket lines, lockouts), injunctions, maintaining essential services, the certification of negotiation groups, the negotiation of collective or other agreements, we can give you an accurate picture of the state of the law. Also, we can act as a consultant for any member belonging to a union that wishes to obtain confirmation that the proceedings conducted by the union representative are made in the interest of the member.

With respect to individual contracts of employment, in addition to non-compete obligations, we can advise you in the preparation, implementation or interpretation of administrative and disciplinary measures, as well as in the process of termination of the employment relationship or non-renewal thereof. Indeed, we can provide you with a legal analysis of the situation, including whether a dismissal is just and reasonable, if there was a constructive dismissal, the quantum of a severance pay (or notice period) in such a situation, the obligation to minimize damages, the normal retirement age, the duty of loyalty, benefits and moral, punitive and exemplary damages, etc.

In terms of human rights and freedoms in labour relations, we can also guide you when drafting or interpreting policies, procedures and administrative documents relating to freedom of conscience and religion, opinion and expression, assembly and association. In addition, we can inform you about your rights to a workplace free of harassment (sexual or psychological), right to privacy, right to safeguard your dignity, honour and your reputation, right to equality and protection against discrimination based on personal characteristics.

Workplace disputes (absenteeism, undue and repeated lateness, suspension, disciplinary measures, dismissal, etc.) can also end, when the situation allows, through the negotiation of an agreement that can sometimes be more profitable for both parties. With the experience of our team, we will be able to assess the situation and advise you in your best interest.

Bernier Fournier