Duntrune LLP - SERVICES

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Our Services

At Duntrune LLP, we don’t limit our practice to the “employer side” or the “employee side.”

We’re proud to work with employers and employees alike – and, in fact, that’s one of our key strengths.

Whether in or out of the courtroom, we give our clients the advantage of always being able to see their issues from both sides, to anticipate “what the other guy is thinking”, and to deliver pragmatic and strategic advice.

Services for Employers

The workplace is always changing, and employment law is constantly evolving - in the areas of employment standards, labour relations, human rights, occupational health & safety, workplace safety & insurance, privacy, and others.

With compliance obligations becoming increasingly complex, we combine our legal expertise with our understanding of business issues and priorities, to deliver sound, pragmatic advice and advocacy.

We are committed to building long-term strategic relationships with our clients; and we are proud to be trusted business advisors to national and international brands, mid-sized businesses, and start-ups across a broad range of industries. For us, there is no greater compliment than when a client considers us to be part of their team.

Hiring & Employment Agreements

“Getting it right” from the outset of the employment relationship is critical. A well-drafted employment agreement can help avoid unwelcome legal exposure in the future – for example, by particularizing incentive compensation arrangements, prescribing termination entitlements, and providing for enforceable post-employment restrictions.
Performance Improvement and Corrective Action

When the employment relationship presents “bumps in the road”, we assist employers with the preparation and implementation of performance improvement plans and other corrective action.
Absenteeism, Accommodation and Return-to-Work Issues

Dealing with absenteeism, managing accommodation obligations, and facilitating the early & safe return of disabled employees can be among the most delicate challenges that employers face.

We help our clients to navigate those challenges, and to avoid the many pitfalls that can lead to liability.
Termination and Downsizing

Most employment law disputes arise in relation to termination.

Whether in the context of dismissing a single employee or implementing a larger downsizing, we assist our clients in planning, papering, and implementing terminations with a view to minimizing risk and liability.
Employment Standards Policy and Compliance

Recent changes to the Employment Standards Act, 2000 are still fresh; and “the devil is in the details” when it comes to compliance with various statutory requirements related to overtime, holiday pay, and other employment standards.
Human Rights Policy and Compliance

Human rights legislation prescribes a myriad of obligations in regard to anti-harassment, anti-discrimination, and accommodation; and employers have additional responsibilities under the Ontarians with Disabilities Act, 2005 (AODA).

We assist our clients with all aspects of compliance - including policy, training, and responding to human rights complaints.
Occupational Health & Safety Policy and Compliance

Occupational health & safety isn’t just a concern for manufacturing and heavy industry. All employers – as well as individual supervisors – have strict duties under the Occupational Health and Safety Act (OHSA).

Occupational health & safety compliance also includes anti-violence and anti-harassment obligations, and has increasingly come to embrace the broader concept of employee wellness.

We assist our clients with all aspects of compliance, with the implementation of prevention strategies, and with responding to workplace injuries and defending OHSA prosecutions.
Workplace Safety & Insurance

Most Ontario employers pay workers’ compensation premiums to the Workplace Safety and Insurance Board (WSIB).

We assist employers in dealing with workplace injuries, and with responding to WSIB claims. We also work with our clients in managing their relationships with the WSIB – including with respect to rate group classifications, transfer of costs, and experience rating
Advocacy and Litigation

We are vigorous advocates at every stage of every dispute; and we are committed to achieving our clients’ optimal outcome – whether in negotiation, at mediation, or in court.

Our lawyers are experienced litigators; and we have represented clients at all levels of court in Ontario, the Federal Court of Appeal, the Canadian Human Rights Commission, the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, the Workplace Safety and Insurance Board, and the Workplace Safety and Insurance Appeals Tribunal.
Corporate Acquisitions and Mergers

Employees are a key asset of every business; and we are highly experienced with the employment and labour aspects of mergers, acquisitions and other corporate transactions.

From the due diligence process, to assisting with purchase-and-sale agreements, to the implementation of post-closing integration and right-sizing, our team will work hand-in-hand with your corporate counsel in dealing with all personnel-related transaction issues.

Services for Employees

At Duntrune LLP, we understand that if you’re seeking advice from a lawyer, you’re probably in a stressful situation and time is of the essence.

You want to talk to someone who will listen, and who is genuinely interested in helping you.

And you want straightforward advice. Not legal jargon and text-book answers that don’t make sense in the real world.

Whether you’re negotiating a new employment agreement, dealing with a wrongful dismissal situation, or anything in between, our job is to help carry the stress, to help simplify the complicated, and to achieve your optimal result.

Review and Negotiation of Employment Agreements

You’re being offered a new job, and you’ve been asked to sign an employment agreement.

We can review the documentation (including any post-employment obligations you may have to your current or former employer), alert you to any pitfalls, answer any questions that you might have, and help you to negotiate the best terms possible.
Enforcing Your Statutory Rights
As an employee, you have rights under a number of statutes, including:
- The Ontario Employment Standards Act, 2000, which imposes numerous duties and obligations on employers, including in regard to hours of work, overtime, statutory holidays, and job-protected leaves (including pregnancy and parental leave).
- The Ontario Human Rights Code, which prohibits unlawful discrimination and harassment on the basis of age, sex, race, religion, disability and other protected grounds.
- The Ontario Occupational Health and Safety Act, which – for example – places strict obligations on employers and supervisors in regard to workplace safety, and permits employees to refuse unsafe work.
Many employers understand and abide by their statutory obligations. But some do not.

Contact us if you have questions or concerns about your rights in the workplace.
Harassment, Bullying and Reprisal

No employee should be subjected to harassment, bullying and unlawful reprisal in the workplace.

Many employers take a diligent approach to anti-harassment and anti-bullying; but – unfortunately – that isn't always enough.

If you have experienced harassment, bullying or unlawful reprisal, we can help.
Constructive Dismissal

If an employer makes significant changes to your terms and conditions of employment without your consent, that may represent “constructive dismissal.”

You might be in a position to insist that your employer provide you with a termination package if, for example, they have made substantial changes to your compensation and benefits, to your position title or reporting relationship, or to your place of work.

Contact us if you have questions or concerns about changes that your employer has made – or intends to make – to your terms and conditions of employment.
Termination of Employment
In a termination situation, employee and employer can find themselves at odds on a number of very significant issues:
- Is the severance package appropriate?
- Is any incentive compensation owed and outstanding? What about stock options?
- What post-employment obligations are in play? Are those obligations enforceable?
- How is the termination being communicated internally and externally?
- What reputational concerns need to be addressed?
We assist our clients with navigating all aspects of termination of employment, and in pursuing their best possible exit arrangements.
Advocacy and Litigation

We are vigorous advocates at every stage of every dispute; and we are committed to achieving our clients’ optimal outcome – whether in negotiation, at mediation, or in court.

Our lawyers are experienced litigators; and we have represented clients at all levels of court in Ontario, the Federal Court of Appeal, the Canadian Human Rights Commission, the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, the Workplace Safety and Insurance Board, and the Workplace Safety and Insurance Appeals Tribunal.