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Employment Services

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events

With complex employment and labour laws, an aging population, technology that opens businesses to increased risks, and the complications of a global marketplace, being an employer is a sophisticated endeavour.  With a multi-disciplinary team of lawyers practising in all Bennett Jones offices, our employment services practice represents private and public sector clients whose operations span business, government, trades and the professions. Whether the issues call for preventative measures or decisive action, we work with employers to manage their human capital and mitigate employment risk and disputes. Our practice includes all aspects of employment such as labour, occupational health and safety and pensions and benefits.

What Clients Say

"One of the best decisions I have made is going with Bennett Jones. The individuals I’ve worked with are exceptional lawyers and advisers."

A major element of our practice involves advising on employment matters arising out of mergers, acquisitions, takeovers and reorganizations, including developing executive compensation structures and devising action plans and termination packages for company relocations, closures, corporate downsizing, employee outsourcing and contract staffing.

We also advise on pension and employee benefit matters, provide counsel on the wide array of employment benefit plans and guide fund and investment managers who manage pension funds. From an employer perspective, we help clients structure pension plans and other benefit plan trusts – such as employee share ownership plans, bonus and stock-option incentive plans, group benefit plans and supplemental retirement plans – by advising on design options, drafting the required compliance documents, and setting up the necessary contracts and procedures governing employee subscriptions and distributions.

Our advice to pension plan, administrators and trustees involves pension plan review and interpretation, plan administration issues such as preparation and review of plan texts and related funding agreements, communications with plan members, plan governance structures, pension fund investment structures and strategies and fiduciary obligations. We also advise on the tax implications of various plan structures, pension deficit and surplus issues, wind ups, disclosure and compliance issues and pension-related litigation.

In the labour arena, we represent employers involved in union certification drives, collective bargaining sessions, and in the negotiation, drafting and interpretation of collective agreements.

What Clients Say

"Their strengths are broad, deep subject matter expertise, responsiveness, high-quality work product, reasonable rates and being a pleasure to deal with. This is why Bennett Jones is our go-to firm in Canada."

Key Contacts

  • Susan G. Seller Susan G. Seller, Partner
  • John R. Gilmore John R. Gilmore, Partner
  • Carl  Cunningham Carl Cunningham, Partner
  • Related Lawyers

Recent Experience

City Wide Towing and Recovery Service Ltd., in its defence of an action brought by former owner alleging breach of post-sale non-compete obligations, and a separate matter against former employee for theft and misuse of confidential information.
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.
United Active Living Inc., in matters related to ownership and operations of assisting living housing projects.
1908 GP Inc., in the formation of 1908 LP and the formation and capitalization of POI Holdings LP by a syndicate of private Canadian investors led by Cody Church, on behalf of Clear North Capital, together with a team that included Rakesh Saraf (formerly of ATRF) and Kenny Albert (formerly of Kilmer Capital), and the acquisition of a majority interest in the business of POI Business Interiors Inc., a provider of workspace environment solutions and a Steelcase distributer in Ontario.
Diversified, in its acquisition of the business of Advanced Presentation Products.
Wilbur-Ellis Holdings II, Inc., in its acquisition of Nachurs Alpine Solutions.
Northern Metalic Sales (F.S.J.) Ltd., an independent industrial supply company offering both traditional and non-traditional MRO products and related services, in its sale to affiliates of Side Management Ltd.
Devon Canada Corporation and Devon Canada Crude Marketing Corporation, in their approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited.
Zedi Inc., in the sale of its software and automation businesses to affiliates of Emerson Electric Co.
Broadridge Financial Solutions, Inc., in its approximately US$300-million acquisition of RPM Technologies.
CIP Capital Management LLP, as Canadian counsel, in its acquisition of People 2.0, Inc.
Kissner Group Holdings LP, completed its acquisition of NSC Minerals Ltd., a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners.
Canadian counsel to Conagra Brands, Inc. in its $10-9 billion acquisition of Pinnacle Foods Inc.
Longview Aviation Capital Corp., in its acquisition of the Dash 8 program from Bombardier Inc.
First Majestic, completes US$320-million acquisition of Primero and enters into new stream agreement at San Dimas Mine.
Schlumberger Production Management, on the purchase of the Palliser Block assets in Alberta from Cenovus Energy Inc. for cash consideration of $1.3 billion.
Cenovus Energy Inc., in its acquisition of ConocoPhillips' Deep Basin conventional assets in Alberta and British Columbia and 50% interest in the FCCL Partnership. 
The Government of Bermuda, as Chief Legal Advisor, in the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport. 
Statoil ASA, in the sale of its Alberta oilsands assets to Athabasca Oil Corporation for the consideration of $435 million cash, 100 million common shares and contingent value payments triggered at oil prices above US$65/bbl WTI.
Patterson-UTI Energy, Inc., a publicly-listed, Houston-based drilling services company, in its acquisition of drilling technologies companies Warrior Rig Ltd., Warrior Manufacturing Services Ltd. and certain related subsidiaries.
Acal PLC, a UK-based company and a leading international supplier of customised electronics to industry, in its acquisition of Plitron Manufacturing Inc., a Toronto-based designer and manufacturer of custom toroidal transformers for transportation, medical and industrial applications.
TerraPro Group Inc., an Alberta-based provider of environmental, terrain protection and remote access solutions, in its reorganization pursuant to a plan of arrangement and concurrent refinancing.

Recent Recognition

Chambers Canada
Ranked, Employment & Labour: Alberta
Chambers Global: The World's Leading Lawyers for Business
Ranked, Employment & Labour
The Legal 500: Canada
Ranked, Labour and Employment

Insights, News & Events

Announcements

ESG Series: Defining and Driving ESG Within Your Organization

January 08, 2021
       

Articles

Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan to the Contrary

December 2020
       

Blog

Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act

November 09, 2020
       

Blog

How Businesses Can Risk Manage the USMCA: Labour

October 28, 2020
       

Announcements

Bennett Jones Acts for Cenovus in $23.6-billion Combination with Husky

October 27, 2020
       

Announcements

Bennett Jones Sponsors Women in Litigation Forum Toronto 2020

October 27, 2020
       

Blog

Fraser v. Canada: Supreme Court Expands Substantive Equality Rights

October 26, 2020
       

In the News

Jordan Fremont in Benefits Canada on the OCIO Model

October 16, 2020
       

Blog

Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan to the Contrary

October 13, 2020
       

Blog

Pension Regulatory Guidance and Measures Related to COVID-19 Pandemic (Updated)

October 07, 2020
       

Announcements

Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt

October 05, 2020
       

Blog

COVID-19 Screening Now Required for Access to Ontario Workplace

October 01, 2020
       

Blog

Formula-Based Employee Appreciation Rights: New CRA Positions Raise the Spectre of Salary Deferral Arrangement Treatment

September 29, 2020
       

Announcements

Christine Plante Rejoins Bennett Jones

September 28, 2020
       

Blog

Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021

September 15, 2020
       

Speaking Engagements

Ranjan Agarwal on Uber Technologies Inc. v. Heller and Employment Contracts

August 27, 2020
       

Blog

The Provincial Government Introduces Sweeping Changes to Alberta's Workplaces

July 30, 2020
       

Blog

Employment Terms that are "Harsh and Oppressive" Require Additional Notice

July 29, 2020
       

Blog

Canada Emergency Wage Subsidy: New Asset Acquisition Rules

July 28, 2020
       

Blog

Canada Emergency Wage Subsidy: Proposed Extension until December 19, 2020 and Redesign

July 20, 2020
       

Blog

Department of Finance Announces Additional Relief Measures Amidst the COVID-19 Pandemic

July 06, 2020
       

Blog

Alberta Announces Additional Relief Measures for Pension Plan Administrators Amidst the COVID-19 Pandemic

July 02, 2020
       

Blog

Ontario Employers Face Sweeping Implications for the Enforceability of Termination Clauses

June 23, 2020
       

Speaking Engagements

Return to Work Virtual Workshop

June 23, 2020
       

Blog

The What, When, Who and How of Employee Recall from Temporary Layoff

June 19, 2020
       

Blog

Working From Home During a Pandemic—The Expense Conundrum

June 19, 2020
       

Blog

Eat, Drink, and Be Aware: A Primer for Re-Opening Ontario Food and Drink Establishments

June 17, 2020
       

Articles

Navigating pension fiduciary duties during coronavirus pandemic

June 09, 2020
       

In the News

Susan Seller on Navigating Pension Fiduciary Duties

June 09, 2020
       

Blog

Carry Forward of Health Care Spending Account Credits Amidst COVID-19 Pandemic

June 08, 2020
       

Blog

New Solvency Special Payments Relief Regulations for Federally Regulated Pension Plans

June 02, 2020
       

Blog

Ontario Issues New Guidance to Pension Plan Administrators and Sponsors Amidst the COVID-19 Pandemic

May 26, 2020
       

In the News

John Manley on the Canada-U.S. Border During the Pandemic

May 25, 2020
       

Blog

More COVID-19 Relief for Employers: The Large Employer Emergency Financing Facility

May 22, 2020
       

In the News

John Manley on BNN Bloomberg on LEEFF Program

May 22, 2020
       

Blog

Maximizing Your Safety Compliance and Efficiency In a Trying Economic Environment

May 12, 2020
       

Blog

Best Practices for Returning to Work and Operating a Business During COVID-19: An Employer's Guide to Reopening Physical Workplaces

May 11, 2020
       

Blog

Canada Revenue Agency Announces Pension Relief Measures and Guidance Amidst the COVID-19 Pandemic

May 06, 2020
       

Speaking Engagements

Employee Relations and Reputation Management Webinar Series

April 30, 2020
       

Blog

Applying for the Canada Emergency Wage Subsidy: What Are My Risks?

April 28, 2020
       

Blog

Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020

April 24, 2020
       

Blog

Expanding Access to the Canada Emergency Response Benefit

April 17, 2020
       

Blog

Solvency Funding Relief for Federally Regulated Pension Plans Amidst the COVID-19 Pandemic

April 16, 2020
       

Articles

COVID-19 Compliance Strategies: Public Health Orders

April 14, 2020
       

Blog

Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records

April 13, 2020
       

Blog

COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved

April 13, 2020
       

Blog

OSFI Provides Further Guidance to Administrators of Federally Regulated Pension Plans Amidst the COVID-19 Pandemic

April 09, 2020
       

Blog

The Proposed Canada Emergency Wage Subsidy Takes Another Turn

April 09, 2020
       

In the News

Benefits and Pensions Monitor: Relief Measures for Pension Plan Administrators in AB, SK and NS

April 08, 2020
       

Blog

Alberta Announces Further Temporary Changes to the Employment Standards Code in Response to COVID-19

April 07, 2020
       

Blog

An Alternative to Layoffs—Federal Work Sharing Program Provides Potential Respite from COVID-19 Wage Crunch

April 07, 2020
       

Blog

Alberta, Saskatchewan and Nova Scotia Announce Relief Measures for Pension Plan Administrators Amidst the COVID-19 Pandemic

April 06, 2020
       

Blog

Additional Details on the Canada Emergency Wage Subsidy for Employers Impacted by COVID-19

April 02, 2020
       

Blog

The Canada Emergency Response Benefit for Individuals Impacted by COVID-19—New Details Announced

April 02, 2020
       

Blog

British Columbia Announces Pension Relief Measures Amidst the COVID-19 Pandemic

April 01, 2020
       

Blog

Alberta Releases List of Essential Services, Orders Immediate Closure of Certain Non-Essential Businesses

March 31, 2020
       

Blog

Canada Emergency Wage Subsidy for Employers Impacted by COVID-19

March 30, 2020
       

Blog

OSFI Provides Guidance to Administrators of Federally Regulated Pension Plans Amidst the COVID-19 Pandemic

March 30, 2020
       

Blog

Alberta Releases List of Essential Services, Orders Immediate Closure of Certain Non-Essential Businesses

March 28, 2020
       

Blog

An Overview of Mandatory Closures and Restrictions on Businesses Across Canada in Response to the COVID-19 Pandemic

March 27, 2020
       

Articles

COVID-19 Work Refusal Guidance

March 27, 2020
       

Blog

An Overview of the Canada Emergency Response Benefit in Respect of COVID-19 Employment Disruptions

March 26, 2020
       

Speaking Engagements

Human Resources Navigating COVID-19

March 26, 2020
       

Blog

Ontario's Essential Workplaces Under the COVID-19 Emergency Order: Practical Information for Assessing Employer Obligations

March 25, 2020
       

Blog

Ontario Orders Closure of Non-Essential Workplaces

March 23, 2020
       

Blog

Employer's Guide to COVID-19—Managing Issues of Pay

March 19, 2020
       

Blog

An Employer's Guide to Responding to the COVID-19 Pandemic

March 13, 2020
       

Speaking Engagements

AMHSA Workplace Mental Health in Alberta Workshop

March 12, 2020
       

Blog

Foodora Couriers are Eligible to Unionize—Ontario Labour Board Ruling Takes a Byte Out of the Gig Economy

March 11, 2020
       

Speaking Engagements

Susan Seller presents Pension Plan Governance and Risk Management

March 04, 2020
       

Blog

The Next Round of Federal Labour Reform: Minimum Wages and Employment Standards

February 27, 2020
       

In the News

Jordan Fremont on FSRA Approach to DB Pension Plans

January 23, 2020
       

In the News

Jordan Fremont on Pension Legislation in 2020

December 20, 2019
       

In the News

Lori Sterling on Gig Workers in Canada

December 19, 2019
       

Blog

NAFTA "2.1"—The Amended and Final Canada-United States-Mexico Agreement

December 17, 2019
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

Speaking Engagements

2019 Bennett Jones Employment Symposium

November 12, 2019
       

Articles

Supplemental Retirement Plans and the Spectre of Salary Deferral Arrangement Treatment

2019
       

Speaking Engagements

Alberta Municipal Health and Safety Association Webinar Series

October 24, 2019
       

In the News

Lori Sterling on Canada Labour Code Changes

October 10, 2019
       

Blog

Workplace Changes Coming September to Federally Regulated Companies

August 12, 2019
       

Speaking Engagements

Association of Corporate Counsel Seminar

June 12, 2019
       

Blog

UCP Introduces Changes to the Alberta Employment Standards Code and the Alberta Labour Relations Code

June 07, 2019
       

Speaking Engagements

Alberta Hotel & Lodging Association Annual Convention

April 16, 2019
       

Articles

Inability to Measure Cannabis Impairment Justifies Zero-Tolerance Policy

April 2019
       

Speaking Engagements

OBA Labour and Employment Program: Discoveries

March 07, 2019
       

Blog

Inability to Measure Cannabis Impairment Justifies Zero-Tolerance Policy

March 06, 2019
       

Blog

Bad for Business: How Employers Deal with Problem Employees

February 28, 2019
       

Blog

Uber Drivers Get Their Day in Court

January 28, 2019
       

Blog

New Employment Standard Poster for Ontario Employers to Post

January 23, 2019
       

In the News

A Look Ahead at Pension Legislative Changes for 2019

December 28, 2018
       

Blog

Bill 66—More Changes to the Ontario Employment Standards Act, 2000

December 10, 2018
       

Blog

Bill C-65: Harassment, #MeToo and You

December 03, 2018
       

Speaking Engagements

2018 Bennett Jones Employment Symposium - Cannabis - Second Session

November 21, 2018
       

Speaking Engagements

2018 Bennett Jones Employment Symposium - Second Session

November 21, 2018
       

Blog

Canada’s New Pay Equity Regime for Women in the Workforce

November 15, 2018
       

Speaking Engagements

2018 Bennett Jones Employment Symposium

October 31, 2018
       

Speaking Engagements

2018 Bennett Jones Employment Symposium - Cannabis in the Workplace

October 31, 2018
       

Blog

Hot off the Parliamentary Press: Bill C-86 and Federal Employment Standards

October 30, 2018
       

Articles

Soliciting Trouble with Restrictive Covenants

September 27, 2018
       

In the News

Carl Cunningham in Benefits Canada on LTD Benefits

August 23, 2018
       

Articles

Annotated Alberta Employment Standards Code

July 11, 2018
       

Articles

Draft CAPSA guidance offers limited help with missing plan members

June 26, 2018
       

Speaking Engagements

Cannabis Canada Forum Edmonton

April 13-14, 2018
       

Speaking Engagements

Osgoode Professional Development Certificate Program in Pension Law

April 04, 2018
       

In the News

Susan Seller in Canadian HR Reporter on Free Prescription Drugs for Seniors

March 28, 2018
       

Blog

Increased Scrutiny of Worker Misclassification in Ontario

March 20, 2018
       

Speaking Engagements

Cannabis Canada Forum Calgary

March 02, 2018
       

Speaking Engagements

Cannabis in the Workplace: A Primer for Employers

February 28, 2018
       

Blog

Part 2: Unpaid Subcontractors Beware

February 23, 2018
       

Blog

New Employment Standards Poster for Ontario Employers to Post

January 23, 2018
       

Speaking Engagements

Employment Legislation Update

January 23, 2018
       

Blog

New “Equal Pay for Equal Work” Provisions in Ontario Limit Ability to Vary Employees’ Pay Based on Employment Status

January 16, 2018
       

In the News

John Gilmore on New Labour Laws in Alberta

January 11, 2018
       

Blog

Raising the Bottom Line: Bill 148 Changes to Employee Compensation in Ontario

January 02, 2018
       

In the News

Jennifer Miller in The Lawyer’s Daily on Alberta’s Bill 30

December 18, 2017
       

Blog

Random Drug and Alcohol Testing on Hold in Alberta

December 12, 2017
       

Speaking Engagements

Bennett Jones Employment Seminar

December 07, 2017
       

Blog

Ontario Employers Take Note: Major Changes to Ontario’s Statutory Leaves of Absence Are Already Underway

December 06, 2017
       

Updates

Dramatic Revision of the Alberta Occupational Health and Safety Act

December 06, 2017
       

Guides

Looking Forward: Canadian Class Actions in 2018

November 23, 2017
       

Blog

Alberta Safety Codes Act Introduces New Administrative Penalty Framework

November 14, 2017
       

Blog

Precedent Setting Alberta OHS Case: Excavation Company Director Sentenced to Jail

November 02, 2017
       

Blog

Courts Will Not Sever Defective Termination Provisions

October 25, 2017
       

Blog

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

October 19, 2017
       

Announcements

Schlumberger/Torxen Purchase Cenovus Assets

October 18, 2017
       

Speaking Engagements

Major Changes Are on the Horizon for Ontario Employers—Are You Ready?

October 04, 2017
       

Announcements

Five Bennett Jones Lawyers on the Benchmark Under 40 Hotlist

August 31, 2017
       

Blog

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

July 19, 2017
       

Blog

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

June 28, 2017
       

Blog

Government Announces Sweeping Changes to Labour and Employment Laws in Alberta

June 02, 2017
       

Blog

New Funding Framework for DB Pension Plans Announced

May 23, 2017
       

Speaking Engagements

Alberta Hotel & Lodging Association Annual Convention

April 11, 2017
       

Articles

Cannabis and the Construction Site

Winter 2017
       

Updates

2017 Federal Budget: Update for Employers

April 06, 2017
       

Blog

Alberta Employers May Face Increased Unionization and Mandated Collective Agreements

March 28, 2017
       

Blog

Pension May be Collapsed in the Face of an Admitted Fraud

March 22, 2017
       

Announcements

Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017

March 16, 2017
       

Guides

Looking Forward: Canadian Class Actions in 2017

March 02, 2017
       

Blog

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

February 28, 2017
       

Articles

Court reminds arbitrators and employers: Proper investigation of employee medical marijuana use high priority

February 02, 2017
       

Blog

Don't Lose Your Day Job: Court Rules Against Moonlighting Employee

January 26, 2017
       

Blog

Reliance on the Employment Contract–AKA "But It's Not Fair"

January 26, 2017
       

Blog

Court Reminds Arbitrators and Employers: Proper Investigation of Employee Medical Marijuana Use is a High Priority

January 19, 2017
       

Blog

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

January 10, 2017
       

Articles

Federal target - benefit conversions face an uphill battle

December 02, 2016
       

Blog

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

November 21, 2016
       

Bennett Jones Academy Events

Bennett Jones Academy Series: Employment Services Update: What's New and What Employers Need to Know

November 15, 2016
       

Speaking Engagements

Bennett Jones Edmonton Employment Seminar 2016

November 03, 2016
       

Speaking Engagements

2016 Bennett Jones Employment Symposium

October 26, 2016
       

Speaking Engagements

Canadian Cannabis Business Conference

May 26-27, 2016
       

Speaking Engagements

The Osgoode Certificate in Construction Law (Western Canada)

April 14, 2016
       

Speaking Engagements

Mastering Employment Contracts Termination Clauses and Restrictive Covenants

March 31, 2016
       

Articles

For First Time, 22,000 Mounties Can Begin Organizing in 2010

February 29, 2016
       

Speaking Engagements

6th Annual In-House Counsel Summit

February 2016
       

Speaking Engagements

Ontario Bar Association Employment Seminar

February 2016
       

Guides

Looking Forward: Canadian Class Actions in 2016

February 21, 2016
       

Speaking Engagements

Calian Group Ltd. Breakfast Seminar

January 26, 2016
       

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