Kelly Nicholson

Kelly Nicholson: Attorney with Field Law

Biography

Kelly is a partner of the firm, its Privacy Officer, and current Chair of the Calgary Labour & Employment Group. He advises private and public-sector clients on all aspects of the employment relationship, including employee recruitment, discipline and termination, wrongful dismissal claims, privacy matters, human rights complaints, disability and insurance issues, interpretation and enforcement of non-competition and confidentiality agreements, contract negotiation, policy development, benefit and incentive plan management, executive compensation, collective agreement interpretation and arbitration, and alcohol and drug testing. Kelly also regularly advises police services and other law-enforcement agencies throughout the province on various matters including policy development and implementation, public complaints, internal investigations, police discipline and termination, collective agreement negotiation, and grievance arbitrations.

Kelly has represented clients before a wide range of adjudicative bodies in Canada, including labour and employment arbitration panels, the Alberta Court of Queen's Bench, the Alberta Court of Appeal, the Supreme Court of Canada, the Alberta Labour Relations Board, the Board of Reference, the Alberta Human Rights Commission, the Alberta Law Enforcement Review Board, and the Office of the Information and Privacy Commissioner.

Kelly is a veteran speaker at legal conferences and seminars, and he makes frequent presentations to clients, lawyers, and the public on privacy, policing, education, and employment law matters. He also regularly contributes articles to a variety of publications in the areas of privacy, employment, education law, and human resources.

Kelly clerked for the Chief Justice of the Saskatchewan Court of Appeal before being recruited by a national law firm, where he garnered valuable experience in commercial litigation matters. He joined Field in 2007. He is an avid runner and climber in his spare time.

Outside of Work

Kelly is an avid runner. I also like to write long fiction and poetry.

Presentations

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Kelly:

Labour and Employment: 2016 Year in Review Field Law Clients and Guests February - April 2017
Family Status Accommodation Seminars Field Law Guests November/December 2016
Labour and Employment: 2015 Year in Review HR and Industry Professionals January - March 2016
Is your Workplace Toxic? Field Law Clients and Guests October 2015
Labour and Employment: 2014 Year in Review HR Professionals and Industry Professionals January - February 2015
2013 Year in Review Human Resources Institute of Alberta (HRIA - Lethbridge Chapter) May 2014
Labour and Employment: 2013 Year in Review HR and Industry Professionals January 2014
2013 Year in Review Human Resource Institute of Alberta (HRIA - Red Deer Chapter) March 2014
2012 Year In Review Human Resource Professionals January 2013
2011 Year in Review Human Resource Professionals, Industry Professionals February 2012
2010 Year in Review HR Professionals February 2011
Facebook & Online Social Networking in the Workplace: What Human Resources Professionals Need to Know CAHRMA April 2010
2009 Year in Review HR Professionals January 2010
The Limits of the Private: Invasion of Privacy As A Common-Law Tort CBA Conference October 2009
The Limits of the Private: Invasion of Privacy As A Common-Law Tort CBA October 2009
Duty To Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know August 2009
New Developments in Workplace Privacy & Surveillance Field Law Clients and Guests January 2009
2008 Year in Review HR Professionals January 2009
Privacy & The Duty To Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know August 2008
The Duty to Accommodate Disabilities in the Workplace Infonex Conference August 2008
2007 Year in Review HR Professionals February 2008

Published Works

Articles

CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties Labour and Employment Alert November 2016
Supreme Court of Canada to Determine if the Canada Labour Code Grants Non-Unionized Employees a Right to the Job Workwise (Labour and Employment Law)
Privacy and the Duty to Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know 2009
Expanding Duties and Shifting Standards: Hill v. Hamilton Regional Police Services Board and the Tort of Negligent Investigation Field Files 2009
New Guidelines for the Use of Video Surveillance Rxpress September 2008
New Guidelines for the Use of Video Surveillance Workwise (Labour and Employment Law) May 2008
Current Workplace Issues - Fidler Sticks: Employee Awarded Damages for Loss of a Psychological Benefit Workwise (Labour and Employment Law) Fall 2007

Areas of Practice (8)

  • Labour and Employment
  • Litigation
  • Internet Law
  • Administrative
  • Privacy
  • Workplace Human Rights
  • Police Services
  • Emerging Technologies

Education & Credentials

Contact Information:
403 260 8515  Phone
403 264 7084  Fax
www.fieldlaw.com
University Attended:
University of Saskatchewan, Juris Doctor With Distinction, 1997; University of Victoria, Master of Arts, With First Class Standing, 1991; University of Regina, Bachelor of Arts, With Honours, 1990
Year of First admission:
1998
Admission:
1998, Alberta; 1998, Saskatchewan
Memberships:

Professional Associations

Calgary Bar Association Member
Canadian Bar Association Member
Law Society of Alberta Member
Law Society of Saskatchewan Member

Reported Cases:
Reported Cases: Calgary School District No. 19 v. Alberta Teachers' Association 2017 CanLII 10820 (AB GAA) Alberta Grievance Arbitration Awards 2017; Alberta Teachers' Association v Information and Privacy Commissioner 2014 ABCA 432 (CanLII) Court of Appeal of Alberta 2014; Warren v. West Canadian Industries Group Ltd. 2007 CarswellAlta 1282 Alberta Human Rights and Citizenship Commission 2007; Whitford v. Agrium Inc. 2007 ABCA 109 Alberta Court of Appeal 2007; AM Inspection Ltd. v. Chizen [2007] A.J. No. 626 Alberta Court of Queen's Bench 2007; Calgary (City) Police Service v. Edmonton (City) Police Services [2007] A.J. No. 1549 Alberta Court of Queen's Bench 2007; Brandt Tractor Ltd. v. Pardee Equipment Employees Assn. [2006] A.J. No. 1432 Alberta Court of Queen's Bench 2006; Whitford v.Agrium Inc. [2006] A.J. No. 1235 Alberta Court of Queen's Bench 2006; Tolko Industries Ltd., Slave Lake Division v. United Steelworkers of America, Local 1-207 (McRee Grievance) [2006] A.G.A.A. No. 25 Alberta Grievance Arbitration Award 2006; Ternier v. Brandt Tractor Ltd. [2005] B.C.H.R.T.D. NO. 486 British Columbia Human rights Tribunal 2005; Toronto-Dominion Bank v. Jaikaran [2004] A.J. No. 1086 Alberta Court of Queen's Bench 2004; Seraphin v. Calgary (City) Chief of Police 2002 CarswellAlta 698 Alberta Master 2002
ISLN:
913013098

Peer Reviews

  • 3.8/5.0 (1)
  • Peer Reviewed
  • Legal Knowledge

    4.0/5.0
  • Analytical Capability

    3.0/5.0
  • Judgment

    3.0/5.0
  • Communication

    4.0/5.0
  • Legal Experience

    5.0/5.0
  • Kelly Nicholson

    3.8/5.0 by a Partner on 10/24/14 in Labor and Employment on 10/24/14

    Kelly is a skilled labour relations practitioner. He represents both a "union" (a teachers union) and mangement.

    Read more

    Kelly is a skilled labour relations practitioner. He represents both a "union" (a teachers union) and mangement.

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      3.0/5.0
    • Judgment

      3.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      5.0/5.0
    Read less

*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

This attorney does not have client reviews.
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