Employment Law

Harris & Company's employment lawyers provide counsel to businesses and executives on all aspects of the non-union employment relationship.

We are regularly involved in drafting and interpreting contracts of employment, workplace policies, restrictive covenants, share and bonus agreements and executive compensation packages. We provide advice on dismissals and unfair competition, as well as conducting negotiations and litigation.

We frequently advise clients on preventive and cost-effective alternatives to litigation such as arbitration, mediation, and negotiation. However, when litigation is necessary, our experience, creativity, and vigorous approach have earned Harris & Company a solid reputation representing clients in:

• Wrongful dismissal, contract and tort claims, including matters involving reasonable notice, just cause and damages;
• Post-employment competition disputes involving fiduciary and good faith duties, and restrictive covenants;
• Injunctions against unlawful picketing activity; enforcing restrictive covenants and confidentiality agreements; recovering intellectual and physical property;
• Judicial review of tribunal decisions, including those of arbitrators, federal and provincial Labour Relations Boards, human rights tribunals, employment standards tribunals, Workers Compensation Board tribunals, freedom of information and privacy tribunals, and professional tribunals (colleges, societies, self-regulating bodies);
• Appeals of Supreme Court and Court of Appeal decisions; constitutional and Charter cases;
• Pension administration disputes involving shortages and surpluses, failure to remit, and breach of fiduciary duty; and
• Disability plan administration, including disputes over overpayment of benefits, coverage and denial of claims.

Our practice also comprises more specialized services, including:

• Executive compensation and employment issues, including negotiating and interpreting employment contracts between employers and senior executives;
• Knowledge-worker matters involving ownership of intellectual property, breaches of employee confidentiality and drafting and enforcing restrictive covenants;
• Whistle-blower activities, including employer rights and responses to whistle-blower incidents and developing policies governing employee conduct and disclosure of confidential information;
• Business immigration matters involving securing employee entry into Canada to work at Canadian operations of multi-national public and private companies;
• Independent contractor negotiation, interpretation and monitoring;
• Outsourcing issues involving transfer of employees from employer responsibility to the outsourcing contractor; and
• Background and conduct investigation as well as policy enforcement involving employee misconduct, substance abuse, fraudulent activities, workplace violence, and misuse of company property and equipment.