James enjoys working with clients of any size or sophistication, and has assisted employers across a broad range of industries including construction, municipalities, communications, school boards, health care and government. He welcomes the challenge of thinking on his feet in high pressure situations while also embracing the opportunity to delve into researching detailed matters when addressing complex problems. Not one to jump to conclusions, James seeks the most efficient and effective way to help his clients overcome their legal obstacles.
James has appeared at all levels of court in Alberta and has experience in front of the Labour Relations Board, Human Rights Tribunal, Employment Standards, and in federal and provincial labour arbitrations.
In his labour relations practice, James has experience representing both federally and provincially regulated employers such as construction and construction-related organizations, utilities providers, manufacturers, health care and continuing care providers, remote camp services, school boards and government. James also represents individuals in all aspects of labour relations matters.
Some highlights of James' experience include:
•Drafted and provided guidance to various construction companies regarding the implementation of and validity of drug and alcohol testing and fitness for work policies.
•Represented a municipality with respect to the restriction of employee hours within the scope of a Collective Agreement.
•Provided guidance with regards to an organization's ability to lay off and terminate employees for cause.
•Assisted senior counsel before the Alberta Labour Relations Board in successfully resisting union certification of a road maintenance bargaining unit
•Representing construction companies before the Labour Relations Board and certification applications.
•Provided guidance and representation in wrongful dismissal grievance arbitrations.
•Assisted senior counsel in representing a mining company in relation to a shift schedule grievance.
•Making representations to the Canada Industrial Relations Board regarding the scope of employees to which a collective agreement applies.
•Assisted senior counsel with respect to responding to strike votes and picketing action involving a health care provider.
•Assisted senior counsel in a fitness for work testing arbitration for a construction employer.
James provides advices to a wide variety of clients with employment issues, including construction companies, manufacturers, suppliers, municipalities, professional services, and individuals.
Some recent highlights of James' employment experience include:
•Representing individuals in constructive dismissal claims.
•Representation of a supplier in the defence of a wrongful dismissal action in which the matter was resolved a significantly reduced set of damages.
•Successfully brought a summary dismissal action for a construction company involving claims for back pay, overtime, and living out allowance.
•Provided advice and representation involving complex distribution issues for a federally regulated employer.
•Providing advice to several dental practices in respect to workplace reorganization and implementation of new employment contracts and arrangements.
•Drafting employment policies and agreements for dental and medical practices.
James advises organizations such as school boards, municipalities, construction companies, insurance-related organizations, hospitality services, and health care providers on how to manage employment relationships to avoid the likelihood and success of human rights complaints.
Some highlights of James' experience include:
•Represented a school board in a tribunal hearing involving the rights of a hearing-impaired employee.
•Represented a road maintenance business resisting allegations made by a work on grounds of gender and race.
•Represented a municipality before the Canadian Human Rights Tribunal relating to allegations brought on the grounds of race.
•Assisted senior counsel in resisting discriminatory termination allegations brought on the basis of race.
•Obtained the dismissal of human rights complaint involving a construction employer prior to hearing.
• Protecting Against Misuse of Information , Teresa Haykowsky, Dave Risling and James Lingwood, The Pulse, Ontario Risk and Insurance Management Society, 2017
• Employees, Contractors, Partners, the Government: You Have Obligations to All of Them , Alberta Doctor Digest, 2016
• What's Yours is Mine , McLennan Ross Legal Counsel Newsletter, 2016
• Innocent Absenteeism: A Reasonable End to Accommodation , McLennan Ross E-Mail Alert, 2016
•“Monitoring Employee E-mail and Internet Usage”, Vicki Giles and James Lingwood, Canadian Association of Counsel to Employers
• “Misconduct in the Blogosphere”, Vicki Giles and James Lingwood, Network -Journal of the Human Resource Institute of Alberta
• Common Interest Privilege: The Risks of Sharing Work”, Lexology and Martindale.com
•“Smile for the Camera: Cameras on Picket Lines”, Lexology
•“Pre-Access Testing Rejected in Ontario”, Martindale.com and EmploymentLawToday.com
• 2016 Labour & Employment Year in Review , McLennan Ross Seminar, 2017
• Fiduciary Duties of School Board Trustees , McLennan Ross School Board Governance, Leadership and the Law Workshop, 2016
• Dealing with Performance and Absenteeism Issues , McLennan Ross Northern Employers Labour & Employment Webinar Series, 2016
• 2015 Labour & Employment Year in Review , McLennan Ross Seminar, 2016
•“Bill 6: Enhanced Protection for Farm and Ranch Workers Act”, Presentation to Alberta Cattle Feeders Association, 2016
• Medical Marijuana , McLennan Ross Duty to Accommodate Seminar & Mock Arbitration, 2015
• 2014 Labour & Employment Year in Review , McLennan Ross Seminar, 2015
• 2013 Labour & Employment Year in Review , McLennan Ross Seminar, 2014
Professional Associations, Affiliations and Community Activities:
•Canadian Bar Association
•Labour & Employment Section
•Executive, Alberta North Division
•Capital Campaign Fundraiser, Society for Treatment of Autism
•Volunteer, University of Alberta, Student Legal Services