5 Things to Know About Labour and Employment Lawyers

Labour and employment law is an incredibly complex field. The stakes are often high, the rules are complicated, and the delays to act are short. Additionally, not all issues and situations within labour and employment law are the same – in fact many situations need to be treated very differently. The nature of problems is very vast and varies from executive and managerial terminations (and the corresponding severance package negotiations) to workplace accidents to collective labour relations. It is therefore extremely important to have a professional who is highly specialized in the area of concern specific to your case. Here are a few helpful pieces of advice to remember when selecting a labour and employment lawyer: 

Every jurisdiction has different rules. Provincial law is different from Federal law. Quebec practices under civil law and thus there are very different rules applicable in Quebec, which also has different statutory rules than most of Canada’s common-law provinces. Every other province in Canada has common law, but even there the statutory laws and the predominating jurisprudence vary on a province-by-province basis. Jurisdiction is very important and you will want someone specialized in the same jurisdiction your employment matter is in. 

Labour and employment law varies greatly based on whether an employee is unionized or not unionized. Unionized and non-unionized people can have very different rights and remedies available to them. Furthermore, even the source of these rights and remedies can differ. Some lawyers specialize in unionized or non-unionized employment matters and/or people. Some lawyers are very specifically stratified and work only with either unionized or non-unionized employees. It is very important to be clear with any prospective lawyer as to whether or not you are unionized.

Labour and employment law rights vary based on a number of factors including:

• Level of position held
• Duration of service
• The circumstances of the situation

It is possible for a person to have multiple different rights under multiple pieces of legislation. It is also possible for not all of these rights to apply (for example if you apply the rights/protections under piece of legislation A then it may mean that you cannot apply the rights/protections under legislation B or vice versa). For this reason it is very important to give your lawyer all the information about your position and situation.  That way, they can best determine what is applicable (or the best possible application) for your circumstances. If you’d like a guideline as to what you should tell your lawyer, we have one here. [links to Checklist Page]

Occasionally, even if the law doesn’t create a right for an executive/manager or employee, their contract may create that right. However, it is important to keep in mind that some obligations or limitations created by contract are neither valid nor enforceable. That is not true for all obligations and limitations. It is therefore important that your lawyer have a thorough, technical and proper understanding of the applicable employment contract and incentive plans. It is important to show your lawyer your contract (or send them a copy) and to tell them if anything was different in how the contract was applied vs how it was set out in written form. 

The delays for acting in various labour and employment situations are often very short. Therefore it is very important to quickly obtain advice, decide upon a course of action and implement it. Legal matters can take a very long time to resolve but in labour and employment law it is important to get started ASAP. Rights are often lost through inaction or by allowing too much time to elapse. If you think you may have a problem or situation in employment law it is very important not to wait: contact an expert immediately.