Fields of practice
Labour relations are an intrinsic component of a business’ operations. Having developed and maintained our expertise in labour law (excluding unionized labour relations), the firm of Lecours, Hébert Lawyers endeavours to accompany its business clients in the entirety of their business relations. With regards to labour relations with both senior management personnel and salaried employees, our fields of intervention are as follows:
Drafting Contracts of Employment
Contracts of employment within the scope of a business must often include strategic elements. As a function of his position, an employee may have access to sensitive information, be called upon to create intellectual property (writing computer programs, source codes), have access to the list of clients, etc. Each contract establishing a link of employment must be analysed in a specific fashion, to protect the business accordingly. In order to obtain a well-balanced contract of employment, clauses such as non-competition, intellectual property reserve, non-solicitation and confidentiality can be used as required.
Litigation Prevention in Labour Relations
Before dismissing an employee, we recommend an analysis of the situation. Financial and legal impacts have to be appraised in order to identify the best way of severing the employment. On this matter, it is often preferable to prepare the file. In the case of an employee with less than 2 years of seniority, the situation remains simple. However, if the employee has at least 2 years of seniority within the business, it becomes important to analyze whether the recourse to dismissal for cause is appropriate, or whether dismissal on economic or technological grounds can be invoked. In the case of a senior manager, the business must evaluate the length of notice that must be given to the employee. In certain situations, our analysis may suggest resorting to a process of gradation of sanctions before dismissing the employee, from a written reprimand to a suspension without pay.
Representation before the Courts
Lecours, Hébert Lawyers‘ experience of litigation allows its members to represent both employers and employees before the Courts. For management-level employees, the competent Courts are the Court of Quebec or the Superior Court, depending on the amount of the claim. For litigation relative to a salaried employee, the Labour Relations Board is competent.
Thus, our lawyers can assist a business in the management of its labour relations, from the beginning to its termination, including litigation, if needed.