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He advises employers regarding the drafting, implementation, and application of executive contracts, employment agreements, non-competition and confidentiality provisions, change of control agreements, drug and alcohol testing programs, harassment policies, and general employment policies and practices.
Tom also advises employers regarding corporate structure from a labour relations perspective, particularly in respect to major industrial construction, and leads employers in respect to collective bargaining.
Employers from many different industries engage him to advise and represent them in a variety of matters and before various tribunals and courts, including: Court of Appeal of Alberta, Court of Queen’s Bench of Alberta, Federal Court of Canada, Saskatchewan Court of Queen’s Bench, Provincial Court of Alberta, Saskatchewan Labour Relations Board, Canada Human Rights Commission, Employment Standards, Workers’ Compensation Board, Arbitration Boards and many other administrative tribunals.
Based in Calgary, Tom handles matters across Western Canada.
Awards and Recognition:
•Employment and Labour (Alberta and Canada), Chambers Canada
•Leading Practitioner - Labour & Employment Law, Worker’s Human Rights, Canadian Legal Lexpert Directory
•Calgary Labour and Employment Law Lawyer of the Year, Best Lawyers 2015
•Leading Lawyer - Management Labour & Employment, Who's Who Legal: Canada
•Labour and Employment Law, Best Lawyers Canada
Labour & Employment
•Represented employers in precedent-setting labour appeals (Voice Construction, Consolidated Fastfrate) and leave to appeal applications (Enmax, Finning Canada) before the Supreme Court of Canada.
•Acted as co-counsel to the Province of Alberta in respect of the constitutionality of federal firearms legislation (Firearms Reference) before the Supreme Court of Canada.
•Conducts appeals from judicial review for employers.
•Regularly represents organizations on judicial review applications and employment lawsuits.
•Continually represents and advises employers before the Alberta Labour Relations Board and the Canada Industrial Relations Board regarding matters such as union certification and revocation, unfair labour practice complaints, strikes and lockouts, and successorship and common employer applications.
•Regularly represents employers before Grievance Arbitration Boards in disputes arising under collective agreements; he has represented employers in issues including management rights, employee discipline and terminations, layoffs, discrimination, sexual harassment, workplace accommodation, intoxication, employee compensation, employee benefits, and union dues and remittances.
•Regularly represents employers in human rights complaints before the Human Rights Commission of Alberta.
•Represents employers in privacy complaints presented to the Office of the Information and Privacy Commissioner.
•Represents employers in employment standards complaints.
•Frequently negotiates collective agreements in the fields of construction, steelworks, manufacturing, education, professional services, and utilities.
•Assists several employers in the immigration of temporary foreign workers.
In addition to the sample of presentations below, Tom presents at many client seminars on union organizing and certification, human rights and accommodation, employee management, conducting investigations, collective bargaining, labour and employment legislation, privacy, and employment standards. He also frequently fields media inquiries in respect to labour and employment matters.
Tom has presented at the McLennan Ross Labour & Employment Year in Review Seminars annually since 1995.
• Understanding the Changes to Alberta Labour and Employment Standards Laws , McLennan Ross Webinar
•“Managing Termination Risks”, McLennan Ross Webinar
• Catholicity Constitutional Law Workshop , McLennan Ross Seminar
• Bargaining in an Era of Legislative Change , Lancaster House
• Mock Human Rights Tribunal Hearing , McLennan Ross Duty to Accommodate Seminar and Mock Human Rights Tribunal Hearing
•“Medical Marijuana, Constructive Dismissal, and Employment Update”, Institute of Professional Management
•“Bill 6: Enhanced Protection for Farm and Ranch Workers Act”, Alberta Cattle Feeders Association
•“Collective Bargaining”, Energy Client Presentation
•“Union Certification”, Client Presentation
•“Labour Relations Issues in Alberta Construction”, Noia Oil & Gas Industries Conference
•“The Role of the Supervisor in Labour Relations”, Retail Client Presentation
•“Employment Law Issues in the Sale of a Dental Practice”, CDSPI
•“Investigations, Privacy & Technology”, Institute of Professional Management
•“Construction Year in Review”, McLennan Ross Seminar
•“The Duty to Accommodate and Temporary Foreign Workers”, Institute of Professional Management
•“Labour Considerations in Industrial Construction”, Canadian Bar Association
•“Hot Topics for Employers in the Oil and Gas Industry: A Global Perspective”, Moderator, Employment Law Alliance
•“Blueprint for Change? The Sims Report, the changing landscape of collective bargaining in Alberta’s construction industry, and the implications for other provinces”, Lancaster House
•“Reforming Construction Labour Relations in Alberta”, Insight
•“Labour Considerations at the Contracting Stage”, McLennan Ross
• Privacy & Technology in the Workplace , McLennan Ross Labour & Employment Full-Day Seminar
•Conference Co-Chair, Canadian Association of Counsel to Employers Annual Conference
•“Employee Investigations”, Retail Industry Conference
•“The Duty to Accommodate”, Retail Client Presentation
•“Labour and Employment Issues in Corporate Transactions, Canadian Institute
Professional Associations, Affiliations and Community Activities:
•Director, Canadian Association of Counsel to Employers
•Member, Canadian Bar Association
•Labour Law Section
•Member, Human Resources Association of Calgary
•Member, Canadian Industrial Relations Association
•Senator, Junior Chamber International