Expertise

Expertise

Administrative Law and Litigation

Our lawyers act in situations of judicial review of decisions rendered by administrative tribunals. They also seek injunctive relief by way of court orders either prohibiting conduct or ordering specific performance. These techniques for enforcing management rights are particularly useful in cases where labour conflicts or unfair competition situations erupt, and strikes and other pressure tactics are being employed.

Employment Law

Our expertise covers the full range of the employer-employee relationship from the establishment of the relationship up until employment termination. We act as advisers, drafters, negotiators and solicitors.

Principal activities of the sector :

  • Drafting of employment agreements
  • Drafting of policies (e.g. anti-harassment, social media, Internet use, drug and alcohol abuse, attendance, appropriate work attire, etc.)
  • Drafting of employee manuals
  • Drafting of restrictive covenants, clauses prohibiting soliciting, intellectual property and protection of confidential information clauses
  • Interpretation and application of labour laws (Civil code of Quebec, Act respecting Labour Standards, etc.)
  • Labour litigation before the civil courts and administrative tribunals (wrongful dismissals, prohibited practices, psychological harassment, unfair competition, breaches of the duty of loyalty, unpaid wages, claims for overtime, etc.)
  • Drafting of employment termination agreements
  • Assistance and counsel in managing discipline and poor performance
  • Assistance and counsel in managing absenteism
  • Negotiation of settlements
  • Assist and provide counsel regarding collective dismissals
  • Access to information and protection of personal information
  • Pay equity
  • Health and safety in the workplace
  • Human rights and freedoms
  • Seminars offered related to each of the above-mentioned activities

Occupational Health and Services

We are prepared to intervene in any situation involving occupational health and safety or worker's compensation, providing advice to management and appearing, where necessary, before courts and boards.

Principal activities of the sector :

  • Accidents in the workplace and occupational diseases
  • Prevention, compensation and financing
  • Preparation for meetings with the Inspector
  • Cost-sharing
  • Right of refusal
  • Precautionary cessation or reassignment
  • Criminal charges
  • Preparation of mandates addressed to Experts
  • Litigations before the CNESST (before, they were called the Commission de la santé et de la sécurité du travail et de la Commission des lésions professionnelles)
  • Interpretation and application of Laws and Regulations related to health and safety at work
  • Seminars offered related to each of the above-mentioned activities

Essential Services

Since the inception of the Conseil des services essentiels and up to its transfer to a specific department of Tribunal administratif du travail (before, it was called the Commission des relations du travail (Labour Relations Board)), we have been providing effective advice and representing public services corporations and institutions before this administrative tribunal on a regular basis.

In this regard, our team has an in-depth knowledge of specific relevant provisions in the Labour Code, and of relevant case law developed by the Labour relations Board.

Our interventions are related to the two jurisdictions of the Labour Relations Board :

  • Remedial orders in cases of illegal strikes or pressure tactics harming the capacity to provide services
  • Approval of lists of essential services during legal strikes.

 

Labour Relations

All Loranger Marcoux lawyers act in varying capacities in the field of labour relations. Furthermore, they are regularly involved in major collective bargainings on behalf of large companies and public corporations.

Principal activities of the sector :

  • Assistance with detection of union activities
  • Pre-conditions for formation of a union
  • Mandatory steps for union certification
  • Information management/management of communications for the employer at the time of certification
  • Representations before the administrative tribunals further to complaints filed by employees or by their union, or within the context of extraordinary orders and applications (e.g.  allegations of interference with union activities, union negligence, safeguard measures, etc.)
  • Negotiation, administration or interpretation of collective agreements
  • Grievance arbitration
  • Assistance in managing discipline, absenteism and poor performance
  • Management, control and defending against pressure tactics (e.g. strike, illegal picketing, lock-out, work slowdowns, etc.)
  • Counsel and representation pertaining to anti-scab provisions
  • Interpretation of provisions of the Labour Code and the Canada Labour Code, as well as regulations
  • Human resources management in cases of mergers and acquisition or corporate reorganization
  • Management and planning of layoffs and collective dismissals
  • Seminars offered related to each of the above-mentioned activities
  • Negotiation of settlements
  • Drafting of agreements

Mergers and acquisitions

We do due diligence, labour and employment analyses, and strategic planning for purchasers in situations of mergers and acquisitions.

In this respect, we ensure that all rights and obligations are transferred to the purchaser, whether the transaction concerns a union or a non-union organization.

Penal Prosecutions

Our lawyers are called upon to intervene as prosecutors or defence counsel on behalf of management in situations of penal prosecution for illegal strikes, use of strikebreakers, occupational health and safety, etc.

Pay Equity

Loranger Marcoux advises both public and private sector employers on a vast range of issues with respect to pay equity, particularly laws and programs applicable at the provincial level, audits and investigations in connection with pay equity, negotiations of collective agreements, assessments of job classifications defined on the basis of sex (or not), complaints arising out of a claim under the Pay Equity Act, etc.

In fact, our lawyers represent the interests of our clients before certain specialized administrative tribunals, including the CNESST (before, it was called the Commission de l'Équité Salariale and the Commission des relations du travail (Labour Realtions Board)) and where necessary, before the civil courts of general jurisdiction.

Rights and Freedoms

Loranger Marcoux's team of specialized lawyers regularly offers proactive advice to employers concerning human rights and freedoms in the workplace.

Principal activities of the sector:

  • Planning and monitoring of application forms and pre-hiring interviews
  • Interpretation and application of various provisions of the Charter of Human Rights and Freedoms (e.g. right to privacy, right to freedom of association, right to non-discrimination, right to fair and reasonable work conditions, etc.)
  • Advice, assistance and representation related to reasonable accommodation
  • Preparation and review of forms related to criminal records, medical records of candidates, psychometric tests, credit investigations, etc.
  • Representation before various administrative tribunals and before the Human Rights Tribunal
  • Advice, assistance and representation related to defamation or libel harming the reputation of the employer
  • Drafting and/or review of policies related to drug and alcohol testing, surveillance in the workplace, dress codes, etc.
  • Advice and assistance regarding surveillance in the workplace