Shields O’Donnell MacKillop LLP
is a boutique management-side labour and employment law firm.
Our advantage comes from understanding your business and its needs.
Our lawyers are leaders in the field, assisting non-union and unionized employers from small businesses or large corporations. The firm also represents senior management and executive employees in negotiating fair compensation and severance.
SOM employs a proactive approach: we aim to reduce workplace litigation by advising management and human resources professionals on all aspects of workplace law. Our team provides practical advice in order to reduce or avoid the costs of dispute resolution.
However, if litigation is required we have more than 100 years of collective experience in acting on behalf of clients in complex, high-stakes labour and employment litigation. Our advocacy skills are respected in the legal community and our professionals are committed to achieving results for our clients.
Our Practice
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Our firm has extensive experience in representing employers before the province’s labour arbitrators as well as the Ontario Labour Relations Board. Our lawyers are respected advocates and have acted for clients across a wide range of industries, in both the private and public sector. Our work has been widely reported in arbitral jurisprudence. We represent our clients in both grievance and interest arbitration, and our extensive experience in labour relations and collective bargaining complements our advocacy in arbitration.
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Certain employers in industries including inter-provincial transportation, banking, telecommunications and many First Nation activities are subject to a unique statutory regime that is governed by the Canada Labour Code. Our lawyers have extensive experience providing advice to clients in those and other federally-regulated industries and representing clients in adjudications under the Canada Labour Code and on appeals to the Federal Court and Federal Court of Appeal.
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Collective bargaining with a trade union in the province of Ontario has complex legal and business dimensions. The process itself is subject to a specific legal framework, which imposes special obligations on the parties. The substantive outcomes can have far-reaching effects on a business. Impasses may lead to strikes or other job-actions, or binding arbitration. Not only do our lawyers have extensive experience advising employers on their legal rights and obligations in respect of bargaining, they have also engaged in that process directly on behalf of clients.
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Our clients’ workplaces are impacted by a wide range of federal and provincial statutes and regulations, which place a number of legislative obligations on businesses. Our lawyers have experience advising business in how to navigate this field, and balance regulatory requirements with business realities. By engaging in a pro-active compliance audit, businesses can detect pitfalls before they translate into civil liability, fines or enforcement by government authorities. Our lawyers can provide compliance audits on a wide range of statutes and regulations including: the Accessibility for Ontarians with Disabilities Act, the Employment Standards Act, the Ontario Human Rights Code and the Pay Equity Act.
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Construction labour relations in Ontario is governed by a unique statutory regime. Our firm is one of a few that provides advice and representation to employers in the construction industry with respect to labour relations.
Our lawyers have specialized experience with certification applications, unfair labour practice complaints, related employer/sale of business applications, jurisdictional and sector disputes, Occupational Health and Safety Act charges and Ontario Labour Relations Board grievance arbitrations within the construction industry.
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As a management-side labour and employment law firm, Shields O’Donnell MacKillop LLP primarily charges clients for fees on an hourly basis. However, in limited circumstances, Shields O’Donnell MacKillop LLP may offer contingency percentage billing to plaintiffs in senior management and/or executive positions, whereby the client is only billed at the conclusion of the matter and only if we are successful in recovering money for the client.
In circumstances where Shields O’Donnell MacKillop LLP offers a contingency arrangement our maximum contingency fee percentage is thirty (30) percent. However, the contingency fee percentage will vary depending on the nature and complexity of each matter.
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Our lawyers have wide experience representing employers as well as senior managers and executives in negotiating contracts that accurately reflect the agreement between the parties. We have advised our clients on, and drafted agreements dealing with, all aspects of the employment relationship, including termination clauses, bonuses, long term incentive plans and restrictive covenants. Through years of litigation experience, our lawyers understand the importance of contractual language that is clear, concise and, of course, enforceable.
We frequently update and draft company policies and procedures for our clients. Our broad experience in HR law across virtually all industries gives us insight into the necessary policies and procedures for our clients’ workplaces. Our extensive knowledge and understanding of ongoing changes to labour and employment-related statutes and the common law allows us to advise our client how, when and why to update their policies and procedures.
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Employment law concerns the relationship between employers and non-unionized, individual employees. Broadly speaking, employment litigation may involve disputes about the dismissal of employees, human rights claims including discrimination and harassment, workplace injuries, employment standards, occupational health and safety standards and the enforcement of non-solicitation and non-competition clauses.
Our lawyers offer practical results-oriented advice to management and human resources professionals regarding all aspects of the employment relationship. Our lawyers are also skilled advocates with extensive experience in all types of employment litigation.
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Our lawyers advise clients regarding their obligations under the Employment Standards Act, 2000 and frequently represent employers before Ministry of Labour Employment Standards Officers and at the Ontario Labour Relations Board on issues relating to employment standards.
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Our lawyers understand employers’ interests following the departure of a key employee. Our extensive experience both bringing and defending fiduciary litigation gives our client the advantage.
We act quickly to enforce post-termination restrictive covenants and prevent the misuse of confidential and proprietary information. We also effectively defend employers against claims that a new employee has breached a non-competition or non-solicitation clause, fiduciary duty or duty of confidence.
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Our lawyers provide practical advice and training to minimize our clients’ exposure to human rights complaints of discrimination or harassment. Where necessary we defend clients before the Ontario Human Rights Tribunal and the Canadian Human Rights Commission and Tribunal, and against human rights complaints brought before the courts or arbitrators.
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Labour relations describes the legal and business relationship between employers and unions representing their employees. By virtue of collective agreements and labour relations legislation across Canada, most disputes touching on the terms and conditions and the statutory rights of employment in unionized workplaces are dealt with by arbitrators, labour relations boards or through a conciliation process between employers and trade unions.
Our lawyers regularly advise and act for employers with unionized workplaces, representing clients in grievance and interest arbitration proceedings, before federal and provincial labour relations boards and before courts in judicial review proceedings. We also frequently assist clients with the negotiation of collective agreements and with labour relations strategies. We have acted for numerous companies with respect to strikes and lock-outs and have the necessary expertise to obtain injunctions when necessary.
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Shields O’Donnell MacKillop’s lawyers provide advice regarding employers’ health and safety obligations under the Occupational Health and Safety Act and the Canada Labour Code, including developing and implementing health and safety policies and defending clients charged under either statute.
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Our lawyers assist clients in achieving and maintaining pay equity through the development or revision of Pay Equity Plans with regard to the Ontario Pay Equity Act and the Federal Employment Equity Act and provide skilled representation to clients before the Pay Equity Commission and Pay Equity Hearings Tribunal.
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Shields O’Donnell MacKillop’s lawyers are knowledgeable and up to date in the fast developing area of privacy law. Members of our firm provide practical advice for ensuring compliance with statutory, common law and collective agreement privacy obligations and managing issues relating to employee privacy rights. We are also experienced in drafting workplace policies and procedures with respect to employee privacy.
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Effective management of the workplace extends beyond regulatory compliance and human resources best practices. Ineffective day-to-day employee relations pose costs and risks beyond litigation, affecting productivity, morale and employee retention. Our firm has experience in reviewing employee relations in a variety of industries, including conducting comprehensive employee surveys based on a variety of critical metrics, in order to maximize employee success and business productivity. This advice is practical, pro-active and cost-effective.
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Business transactions can have an array of complex and far-reaching labour and employment law consequences. Our lawyers have extensive experience advising vendors and purchasers on the implications of a sale of a business. Our lawyers provide assistance to clients in understanding the impact of such a sale on the company’s statutory, contractual and labour-relations rights and obligations. The firm also advises boards of directors and executives on issues relating to compensation and corporate reorganization.
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As management-side employment lawyers we have the edge when navigating the challenges of obtaining a fair deal for newly hired and departing executives. Our lawyers represent senior managers and executives in negotiating employment contracts and severance packages and regularly advise on complex compensation issues such as reasonable notice, stock option plans, long term incentive plans, bonuses and pension entitlement.
We have experience and expertise to represent departing senior managers and executives in litigation to ensure they obtain the compensation that they are owed at the end of an employment relationship.
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Our lawyers provide dynamic and interactive training sessions to management and employees on a wide range of current issues in employment law. Recent training programs have covered topics such as effective progressive discipline programs, best practices in hiring and terminating employees, conducting workplace investigations and violence and harassment in the workplace.
Our individually tailored programs emphasize practical advice and employ situational analysis to ensure the members of your management team are ready to apply their knowledge in the workplace and that your employees understand their workplace obligations.
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Our lawyers advise clients on all aspects of the law of workers’ compensation and represent clients before the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal. Our lawyers represent employers on issues such as appeals adjudications, second injury enhancement fund claims, audits, rate group classification issues and provide other claims management advice.
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Shields O’Donnell MacKillop’s lawyers have extensive experience advising management and conducting investigations into harassment, discrimination and other workplace issues.
We understand which issues can be sufficiently investigated in-house by HR and management, and which issues are better investigated by legal counsel. We provide specifically-tailored advice on how to investigate workplace issues, and, where necessary, have the expertise to conduct investigations and prepare investigation reports.
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Our lawyers have extensive civil litigation experience in Ontario Courts, which helps us successfully defend employers against wrongful dismissal claims. We know how best to resolve such disputes, whether a claim is simply for pay in lieu of reasonable notice of dismissal, or one involving complex allegations of discrimination, tortious conduct or claims for punitive and aggravated damages.
We vigorously defend management interests but know when and how to effectively settle litigation. Where litigation is the only option, our lawyers have a long track record appearing before all levels of courts and tribunals on motions, trials, and appeals.
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