Molyneaux Law is Hamilton’s progressive labour law firm. Our labour lawyers are proud supporters of the labour movement and workers’ rights, and have experience representing unions in Hamilton, Ontario—a city with a rich union history—as well as and across Southwestern Ontario including: Brantford, Cambridge, Kitchener-Waterloo, Guelph, Milton, Mississauga, Oakville, Burlington, Ancaster, Dundas, and Stoney Creek. Union clients have called on us to represent them as far north as Kapuskasing, as far west as Winnipeg, and as far east as Ottawa.
Hamilton labour lawyers Sarah Molyneaux and Roberto Henriquez have represented trade unions in a variety of matters. Our combined in-house and private bar experience makes the Molyneaux Law labour law team effective union counsel.
Focused on providing legal support to unions before, during and after a union organizing drive, Sarah has appeared before the Ontario Labour Relations Board on certification, decertification and unfair labour practice complaints in a broad range of industries.
This practice is complemented by Roberto’s experience advocating for unions and union members at grievance arbitrations, interest arbitrations, including under the Hospital Labour Disputes Arbitration Act (HLDAA), and human rights applications. With interest arbitrations, the HLDAA includes hospitals as well as nursing homes and retirement homes.
Hamilton Labour Law Successes
Some of our Hamilton labour law team’s notable work on behalf of unions and their members includes:
- Successfully defending a union’s key inside organizer against allegations that his legitimate organizing efforts constituted illegal harassment in Worldpac Canada Inc, 2018 CanLII 75070 (ON LRB).
- Defeating a decertification application brought after a unionized hotel was purchased by a new owner who was highly antagonistic towards the union’s representative in Mallory v United Food and Commercial Workers Canada, 2018 CanLII 13358 (ON LRB).
- Assisting in the organization of Canada’s first unionized Amazon drivers, represented by the United Food and Commercial Workers Canada (UFCW), Local 175.
- Successfully defending against a judicial review application to the Federal Court of Appeal by an employer who asserted that the Canada Industrial Relations Board’s certification of a group of in-flight paramedics was unconstitutional in Northern Air Solutions Inc.
- Obtaining a successor employer declaration in Pavao Meats Wholesale & Retail Ltd. following the sale in bankruptcy of a previously unionized meat processing facility and deli to a non-union employer.
- Achieving improvements in wages, benefits, vacation, and pension contributions for nursing home employees in multiple Hospital Labour Disputes Arbitration Act (HLDAA) interest arbitrations.
Please note: The results in these cases may not be typical. Each case depends on a variety of factors, some of which may be out the control of the parties or their lawyers.
A Labour Lawyer or an Employment Lawyer?
How do you know if you need a labour lawyer or an employment lawyer in Hamilton?
This question can be very confusing. Many different laws affect your rights at work and your “labour.” For lawyers, “labour law” refers to workers’ rights in unionized workplaces. “Employment law” deals with the rights of non-union workers. This can include people who work in a unionized environment, but don’t belong to the union or people who work in an entirely non-union workplace. Labour lawyers represent unions in grievances or labour board complaints against unionized employers, often working with the union on behalf of unionized employees or grievors.
Labour lawyers represent unions or unionized employers in disputes about workplace policies, rules, employee discipline and dismissal under a Collective Agreement.
Please note: Molyneaux Law does not represent union members in complaints against their unions (also known as “Duty of Fair Representation” complaints).