Employment litigation
Get clear, timely advice and direction from a team that has deep bench strength in employment, human rights, labour litigation and dispute management.
We have the expertise and skills to provide strategic advice, creative solutions and effective legal representation in all types of employment, human rights and labour disputes.
Our goal is to be proactive in helping you to minimize risk and avoid workplace disputes before they occur. When disputes do arise, our team can help you resolve them through negotiation, mediation or arbitration. If formal litigation is necessary, we will put our extensive experience to use and protect your best interests in the courtroom or hearing room.
What we do
We can advise you on:
- Wrongful and constructive dismissal
- Non-competition, non-solicitation and confidentiality
- Human rights
- Harassment and violence investigations and claims
- Workers' compensation
- Employment standards investigations and complaints
- Occupational health and safety, including discriminatory action complaints
- Employment related class action litigation
- Labour board disputes
- Individual, group, policy and interest-based grievances and arbitrations
- Pension disputes
- Privacy
Experience in the courtroom
Our team has a deep litigation bench strength. We appear before all levels of court in Alberta, other provincial courts, the Federal Court and the Supreme Court of Canada, as well as the:
- Provincial human rights commissions/tribunals
- Canadian Human Rights Commission
- Provincial Labour Relations Boards
- Employment standards tribunals
- Canada Industrial Relations Board
What our clients say
"The team works together very well. They build on each other's strengths to provide the best path forward for resolving disputes." – Legal 500 Canada 2021
Representative work
Successfully defended a pharmacy group in a breach of confidence case
Counsel to a pharmacy group in the successful defence of an injunction application seeking to prevent them from competing by soliciting the clients of their former employer. The Court held that the employer had failed to make out a strong case for breach of fiduciary duty or breach of confidence. (GG & HH Inc. v 2306084 Alberta Ltd., 2022 ABQB 58).
Tourmaline Oil Corp.'s $205 million acquisition of assets from Saguaro Resources Ltd.
Counsel to Tourmaline Oil Corp. in the $205 million strategic acquisition of 50% of the assets of Saguaro Resources Ltd. in the Laprise-Conroy North Montney area of British Columbia. The companies entered into a joint venture agreement to develop the assets, with Tourmaline operating the joint venture and related facilities.
Successful summary dismissal of breach of non-competition claim
Successfully obtained summary dismissal of a claim for breach of non-solicitation and non-competition covenants and summary judgment of a counterclaim for unpaid commissions.
Canyon Services Group Inc.'s acquisition by Trican Well Service Ltd.
Counsel to Canyon Services Group in the $637 million acquisition by Trican Well Service Ltd.
Dispute over forum selection clause in employment agreement
Successfully stayed on appeal an Alberta action on the basis of a forum selection clause in various employment agreements. (Buckland v. PHX Energy Services Corp).
Successful multi-million dollar summary judgment for former CEO
Successfully obtained summary judgment of a multi-million dollar performance share unit claim for a former chief executive officer of a multinational oil and gas corporation.
Defending unjust dismissal complaints
Counsel representing a federally regulated employer in defending unjust dismissal complaints, including adjudications under the Canada Labour Code.
Advice to individuals and companies regarding employment and labour arbitrations
Counsel in individual, group, policy and interest grievance arbitrations.
Hearings before the Alberta Labour Relations Board and the Saskatchewan Labour Relations Board
Counsel and co-counsel in numerous hearings before the Alberta Labour Relations Board and the Saskatchewan Labour Relations Board in relation to certifications, revocations, determinations, unfair labour practice complaints, successorship and common employer declarations.
Review of a decision relating to the "build-up" principle in the Saskatchewan construction industry
Counsel in a Saskatchewan Court of Queen's Bench Judicial Review of a Saskatchewan Labour Board decision relating to certification and the "build-up" principle in the Saskatchewan construction industry.
Hearing before the Alberta Labour Relations Board
Counsel in Alberta Labour Relations Board hearing, and judicial review to the Court of Queen's Bench of Alberta, in relation to successorship and common employer applications.
$2.5 million wrongful dismissal claim
Counsel in a $2.5 million claim alleging wrongful dismissal and unlawful withholding of retention bonus funds.
Employment dispute before the Court of the Queen's Bench
Co-counsel in a multi-million dollar claim and counterclaim between an ex-CEO and a large organization, alleging breach of contract, wrongful dismissal, negligence, fraud and deceit, which claim and counterclaim proceed to a lengthy trial before the Court of Queen's Bench.
Discrimination and human rights disputes
Counsel representing a defendant employer in two human rights complaints alleging discrimination based on gender, equal pay, and retaliation, which matters were heard before the Alberta Human Rights Commission, before the Court of Queen's Bench and twice before the Alberta Court of Appeal.
$5.5 million breach of contract dispute
Counsel in a $5.5 million claim asserting breach of contract, breach of fiduciary duties, misappropriation and misuse of confidential information, inducing breach of contract, wrongful solicitation of employees, customers and suppliers, and interference with contractual relations and economic interests.
$40 million employment-related dispute
Co-counsel in a $40 million claim and counterclaim, alleging misappropriation and misuse of confidential and proprietary information, unfair competition, wrongful solicitation of employees and customers, breach of fiduciary duties, conspiracy, defamation and oppression.
Advising Canadian Natural Resources Ltd. in an employment-related dispute
Successfully represented the defendant in obtaining a court order striking the damages portion of the plaintiff's claim on the grounds that such portions of the claim were statute barred by virtue of the Workers Compensation Act. (LL v. Canadian Natural Resources Ltd., 2018 ABQB 879)
Advising the respondent in an alleged discrimination case
Successfully represented the respondent in a claim for alleged discrimination under the Alberta Human Rights Act. Following an Alberta Human Rights Commission Tribunal hearing the complaint was struck as the Commission had no jurisdiction due to the complainant entering into a valid and enforceable release and settlement agreement with the respondent. (Cabot v. Enerflex, 2019 AHRC 1).
Advising Enerflex Ltd. in a wrongful dismissal claim by an employee
Successfully represented the defendant in a wrongful dismissal and loss of benefits claims by the plaintiffs. The plaintiffs' claim was struck in its entirety on the grounds that there was no genuine issue for trial, portions of the claim were issue estopped from proceeding, and certain elements of a cause of action were not sufficiently plead. (Cabot v. Enerflex, 2020 MC).
Advising the defendant in a wrongful dismissal case
Successfully represented the defendant in a wrongful dismissal action and the plaintiff's claim was dismissed following trial. (Jegou v. CNRL, 2021 ABQB 401. The decision on costs awarded to CNRL is Jegou v. CNRL, 2021 ABQB 943).
Successfully represented respondent in human rights complaint
Counsel to the respondent in a human rights complaint. The complaint was dismissed as it was filed outside of the limitation period in the Human Rights Act. (Cromie v.Tourmaline Oil Corp et al, 2021 AHRC 79)
Successfully represented the defendant in employment litigation
Counsel to the defendant in obtaining a court order (for security for costs) resulting in the plaintiff's claim being dismissed. (Freeman v Canadian Natural Resources Limited, 2018 ABQB 310)
Advising CNRL in an employment dispute
Counsel to one of the defendants, and was successful in having the action struck pursuant to Rule 3.68 and Civil Practice Note 7. (Freeman v. University of Alberta, 2021 ABQB 612)
Dispute regarding the misuse of confidential information
Counsel to a corporation that obtained an ex-parte Anton Piller Order against a former employee who—days before he resigned—had downloaded an entire database of confidential client lists and other documents, and had surreptitiously taken 11 boxes of confidential information out of the office while everybody else was at the corporation's Christmas Party. As a result of the Anton Piller Order, the client got its client lists and other confidential information back from the former employee. (Peters & Co Limited. v. Ward, 2014 ABQB 488 and 2015 ABCA 6)
