Sevigny Westdal LLP
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Sevigny Westdal is a labour and employment law firm that provides a wide range of specialized legal services to both employer and employee clients. The firm is small and focused by design, to reflect an unwavering commitment to the provision of personal, timely and cost-effective representation. At the same time, with more than twenty-five years of combined experience in the labour and employment law field, the firm’s founding partners are regularly called upon to represent clients in the most sophisticated of workplace disputes. Sevigny Westdal is guided by the philosophy that workplace legal issues are unique – both in complexity and sensitivity – and therefore require a delicate balance of expertise, experience and results-oriented pragmatism. While we do not hesitate to advocate forcefully for our clients’ rights and interests when such action is warranted, we never lose sight of our clients’ personal priorities, or their interest in an effective and efficient approach to their workplace problems. Whether we are litigating, mediating or negotiating on our clients’ behalf, or advising clients on preventive maintenance strategies, this philosophy remains fundamental to our approach, and contributes significantly to our impressive record of client results and satisfaction.
http://www.sevignylaw.com/firm.html
[edit] Practice Areas
[edit] Employer Clients
[edit] Collective Bargaining
We represent clients in all aspects of collective bargaining, including initial Priority & Costing Analysis, Negotiating Strategy, Language Analysis, Strike Contingency Plans, and representation in Bad Faith Bargaining Complaints. We understand the significance that collective agreements play in the unionized workplace, and we therefore work proactively with our clients to secure favorable agreements, and to minimize the likelihood of disruptive work stoppages.
[edit] Corporate Reorganization & Downsizing Strategies
We offer a broad range of specialized advisory services, involving Human Resources Policies (including Harassment Policies), Corporate Reorganization and Downsizing, and Sale of Business Transactions. We understand the value of Preventive Maintenance Strategies, and we work closely with our clients to minimize future costs, and the likelihood of future litigation proceedings, associated with human resources initiatives.
[edit] Employment Contracts
More than ever before, the legal rights and obligations associated with an employment relationship are being documented in formal employment contracts. We are regularly called upon to draft, interpret and challenge such contracts, and have therefore acquired a specialized expertise in dealing with such matters as Termination Provisions, Non-Competition & Non-Solicitation Restrictions, Stock Option Agreements, Change in Control/Golden Parachute Provisions, Independent Contractor Agreements, and other related employment contract issues.
[edit] Employment Litigation
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Employment Standards
We advise clients on the requirements and potential consequences associated with provincial and federal employment standards legislation, including such issues as Hours of Work, Overtime, Terminations & Lay-offs, Pregnancy & Parental Leave, and the potential Personal Liability of Directors & Officers. Our involvement in these issues ranges from the preliminary assessment of employment standards requirements, to the ultimate adjudication of formal employment standards complaints.
[edit] Federal & Provincial Labour Board Proceedings
We have extensive experience advising and representing clients in connection with formal proceedings before the Ontario Labour Relations Board and the Canada Industrial Relations Board. In this regard, we regularly appear as counsel in Union Certification & Decertification Proceedings, Related/Successor Employer Applications, Unfair Labour Practice Complaints and Construction Industry Grievances.
[edit] Grievance Arbitration
We advise and represent employer clients in the full range of disputes that can arise under a Collective Agreement, including Discipline & Discharge, Promotions/Demotions/Transfers, Management Rights, Absenteeism and Contracting-Out. We regularly appear as counsel before Boards of Arbitration, and we welcome invitations to serve as Employer Nominees on tri-partite boards.
[edit] Harassment Complaints
We are experienced counsel in matters involving allegations of Discrimination and/or Harassment in the workplace environment. We regularly represent clients involved in formal complaint proceedings before the Ontario Human Rights Commission and the Canadian Human Rights Commission. We also provide specialized advisory services in connection with internal Harassment Policies and Harassment Complaints/Investigations.
[edit] Human Rights Complaints
We are experienced counsel in matters involving allegations of Discrimination and/or Harassment in the workplace environment. We regularly represent clients involved in formal complaint proceedings before the Ontario Human Rights Commission and the Canadian Human Rights Commission. We also provide specialized advisory services in connection with internal Harassment Policies and Harassment Complaints/Investigations.
[edit] Employment Litigation
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Strategic Human Resources Advisory Services
We offer a broad range of specialized advisory services, involving Human Resources Policies (including Harassment Policies), Corporate Reorganization and Downsizing, and Sale of Business Transactions. We understand the value of Preventive Maintenance Strategies, and we work closely with our clients to minimize future costs, and the likelihood of future litigation proceedings, associated with human resources initiatives.
[edit] Judicial Review Applications
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Employee Clients
[edit] Employment Contracts
More than ever before, the legal rights and obligations associated with an employment relationship are being documented in formal employment contracts. We are regularly called upon to draft, interpret and challenge such contracts, and have therefore acquired a specialized expertise in dealing with such matters as Termination Provisions, Non-Competition & Non-Solicitation Restrictions, Stock Option Agreements, Change in Control/Golden Parachute Provisions, Independent Contractor Agreements, and other related employment contract issues.
[edit] Employment Litigation
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Employment Standards
We advise clients on the requirements and potential consequences associated with provincial and federal employment standards legislation, including such issues as Hours of Work, Overtime, Terminations & Lay-offs, Pregnancy & Parental Leave, and the potential Personal Liability of Directors & Officers. Our involvement in these issues ranges from the preliminary assessment of employment standards requirements, to the ultimate adjudication of formal employment standards complaints.
[edit] Formation & Certification of Employee Associations
Although labour legislation guarantees that employees have the right to decertify their trade unions during designated "open periods", complicated procedures and union opposition often prevent employees from exercising this right. We have extensive experience in guiding employees through the decertification process, and in helping employees overcome typical union opposition and stalling tactics. In addition, we are able to counsel and assist employee groups in the formation and/or certification of their own Employee Associations, in situations where employees are looking for a less formal (and/or more responsive/accountable) alternative to traditional unionization.
[edit] Harassment Complaints
We are experienced counsel in matters involving allegations of Discrimination and/or Harassment in the workplace environment. We regularly represent clients involved in formal complaint proceedings before the Ontario Human Rights Commission and the Canadian Human Rights Commission. We also provide specialized advisory services in connection with internal Harassment Policies and Harassment Complaints/Investigations.
[edit] Human Rights Complaints
We are experienced counsel in matters involving allegations of Discrimination and/or Harassment in the workplace environment. We regularly represent clients involved in formal complaint proceedings before the Ontario Human Rights Commission and the Canadian Human Rights Commission. We also provide specialized advisory services in connection with internal Harassment Policies and Harassment Complaints/Investigations.
[edit] Judicial Review Applications
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Non-Competition & Fiduciary Duty Litigation
As a specialty labour and employment law firm, we have extensive experience in all aspects of Wrongful Dismissal Litigation, and have represented clients before all levels of courts in Ontario, and in the Federal Court of Canada. We are also experienced advocates in related employment litigation, including matters involving Non-Competition & Non-Solicitation Agreements, Fiduciary Duties, Intellectual Property Rights, and related Injunction Litigation. In addition, we offer specialized advice and representation in connection with Judicial Review Applications involving arbitration decisions, and decisions of the federal and provincial labour boards.
[edit] Union Decertification Applications
Although labour legislation guarantees that employees have the right to decertify their trade unions during designated "open periods", complicated procedures and union opposition often prevent employees from exercising this right. We have extensive experience in guiding employees through the decertification process, and in helping employees overcome typical union opposition and stalling tactics. In addition, we are able to counsel and assist employee groups in the formation and/or certification of their own Employee Associations, in situations where employees are looking for a less formal (and/or more responsive/accountable) alternative to traditional unionization.
[edit] Union Duty of Fair Representation Complaints
Although labour legislation requires that trade unions represent bargaining unit employees in a manner that is not "arbitrary, discriminatory or in bad faith", many employees encounter situations where they
[edit] Lawyers
- D. Bruce Sevigny
- John R.S. Westdal
- Alayna M. Miller
[edit] Contact
190 O’Connor Street, Suite 300 | Ottawa, ON K2P 2R3 | Tel:(613) 751-4459 | Fax: (613) 751-4471 info@sevignywestdal.com
[edit] Notable Cases
[edit] Public Opinion
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