Employment lawyers are unique in the law they practice. Most lawyers are either barristers or solicitors. Their job is either to litigate matters and go to court (a barrister) or prepare documents such as a will or a conveyance (a solicitor). Employment lawyers are both. We spend our days preparing documents, offering strategic advice to our clients and advocating for their interests before Courts/Tribunals.
For employees:
When representing employees, an employment lawyer acts as a representative on behalf of the employee. The most common issues for employees are dismissals from employment, workplace investigations, human rights complaints, and restrictive covenants (non-solicitation and non-compete matters).
A day representing employees may involve:
- Consultations with recently dismissed employees
- Writing demand letters seeking more severance pay
- Preparing a Notice of Claim to commence a wrongful dismissal action
- Reviewing termination clauses and restrictive covenants in an employment agreement
- Attending mediation to resolve a dispute
- Attending Court in a litigation matter on behalf of an employee
For employers:
Employers have legal obligations and are required to maintain compliance with all employment-related rules, both statutory and common law (Judge-made law). Employment lawyers advise employers on these requirements and offer both practical and strategic advice to minimize risks/liabilities.
A day representing employers may involve:
- Ensuring the client is in compliance with employment standards and occupational health and safety legislation
- Strategic discussions on restructuring, dismissals, and layoffs, including compliance with best practices to avoid claims for increased damages
- Writing a letter to respond to a request for severance pay
- Performance management and discipline
- Preparing employment agreements, policies, and procedures
- Employee development and workplace training
- Conducting workplace investigations
- Attending mediation to resolve a dispute
- Attending Court in a litigation matter on behalf of an employer
- Enforcing restrictive covenants by bringing an application to the court for injunctive and other relief
Employment lawyers are an invaluable resource, with ready advice to help you navigate the broad range of issues that may arise in your workplace. Employers who have developed relationships with an employment lawyer will have less risk for their business (no unexpected bills for penalties/fees for non-compliance with legislative requirements) and will enhance their retention of staff and workplace morale.
Whether you are an employer or an employee, if you have questions related to your workplace, please contact Kelsey Wheelhouse from our Employment Team at Davidson Lawyers for more information about the services we offer.
