289-389-4499 info@molylaw.com

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.

Employment lawyers work directly with non-union employees. If you are a non-union employee looking for assistance, please check out our Employment Law section, or contact us directly.

Please note: Molyneaux Law does not represent union members in complaints against their unions (also known as “Duty of Fair Representation” complaints). 

 

SOME OF SARAH’S
RECENT WORK

Northern Air Solutions Inc.

Northern Air Solutions Inc. v. United Food and Commercial Workers Canada, Local 175, 2015 FCA 259

http://canlii.ca/t/gmdg7

Pavao Meats Wholesale & Retail Ltd

United Food & Commercial Workers, Local 175 v Pavao Meats Wholesale & Retail Ltd, 2016 CanLII 45355

http://canlii.ca/t/gslh0

Hamilton Workplace Investigations

 

Hamilton workplace investigations are critical for employers for a number of reasons. Harassment complaints have negative impacts on the workforce:  increased absenteeism, increased disability costs, more grievances, decreased productivity, increased conflict among staff, high turnover, poor morale, and ultimately higher liability and legal costs. That’s why choosing the right Hamilton workplace investigator is key to a successful resolution of these workplace issues.

And that’s not all. Increased complaints of harassment, violence, and discrimination in the workplace also affect individual employees—and not in a good way. Hamilton workplace investigations are critical because the impact on victims can, in fact, be crippling: work-related stress and anxieties; violent, aggressive or tearful behaviour at work; self-esteem problems; decreased productivity; and other long-term consequences.

The Hamilton workplace investigators, from Molyneaux Law, can help your organization deal promptly and effectively with workplace harassment complaints, discrimination complaints, bullying complaints (and cyberbullying complaints), and various forms of misconduct.

The Hamilton workplace investigators at Molyneaux Law are also experienced in Hamilton Labour Law and have worked on behalf of both unions and their members right in our community. The Hamilton workplace investigators at Molyneaux Law are also labour, employment, and human rights lawyers who work frequently with plaintiffs and applicants on issues relating to discrimination and harassment.

Equally important, the Hamilton workplace investigations report from Molyneaux Law is concise, behaviour-based, provides insight that management can use to remedy the situation and to continue to improve employee relations and employee communication.

Ontario laws that govern Hamilton workplace investigations

There are two important pieces that govern Hamilton workplace investigations:

  1. Ontario’s Occupational Health and Safety Act (OHSA), includes complaints of:Workplace harassment (including bullying and cyberbullying)
    Workplace sexual harassment, and
    Workplace violence
  2. Ontario’s Human Rights Code (HRC), includes complaints of:Sexual harassment
  3. Harassment based on race
    Discrimination based on disability and more.

The types of Hamilton workplace investigations performed by Molyneaux Law

 Molyneaux Law, Hamilton workplace investigations, can help you with any of these types of discrimination complaints, harassment complaints, and misconduct complaints: 

Our diverse union-side experience makes us sensitive to the interests of unions and their members. We provide high-quality and cost-effective representation to unions while remaining committed to our shared, progressive values. Unions will benefit from excellent results delivered in a cost-conscious and timely way. 

Contact us today, to get the conversation started. “We’re pleased to meet you.” 

Hamilton Workplace Investigations

 

Hamilton workplace investigations are critical for employers for a number of reasons. Harassment complaints have negative impacts on the workforce:  increased absenteeism, increased disability costs, more grievances, decreased productivity, increased conflict among staff, high turnover, poor morale, and ultimately higher liability and legal costs. That’s why choosing the right Hamilton workplace investigator is key to a successful resolution of these workplace issues.

And that’s not all. Increased complaints of harassment, violence, and discrimination in the workplace also affect individual employees—and not in a good way. Hamilton workplace investigations are critical because the impact on victims can, in fact, be crippling: work-related stress and anxieties; violent, aggressive or tearful behaviour at work; self-esteem problems; decreased productivity; and other long-term consequences.

The Hamilton workplace investigators, from Molyneaux Law, can help your organization deal promptly and effectively with workplace harassment complaints, discrimination complaints, bullying complaints (and cyberbullying complaints), and various forms of misconduct.

The Hamilton workplace investigators at Molyneaux Law are also experienced in Hamilton Labour Law and have worked on behalf of both unions and their members right in our community. The Hamilton workplace investigators at Molyneaux Law are also labour, employment, and human rights lawyers who work frequently with plaintiffs and applicants on issues relating to discrimination and harassment.

Equally important, the Hamilton workplace investigations report from Molyneaux Law is concise, behaviour-based, provides insight that management can use to remedy the situation and to continue to improve employee relations and employee communication.

Ontario laws that govern Hamilton workplace investigations

There are two important pieces that govern Hamilton workplace investigations:

  1. Ontario’s Occupational Health and Safety Act (OHSA), includes complaints of:Workplace harassment (including bullying and cyberbullying)
    Workplace sexual harassment, and
    Workplace violence
  2. Ontario’s Human Rights Code (HRC), includes complaints of:Sexual harassment
  3. Harassment based on race
    Discrimination based on disability and more.

The types of Hamilton workplace investigations performed by Molyneaux Law

 Molyneaux Law, Hamilton workplace investigations, can help you with any of these types of discrimination complaints, harassment complaints, and misconduct complaints: 

  • Age
  • Ancestry (creed)
  • Bullying and cyberbullying
  • Citizenship
  • Colour
  • Conflict of interest
  • Disability
  • Discrimination
  • Ethnic origin
  • Family status
  • Gender expression
  • Gender identity
  • Harassment
  • Marital status
  • Place of origin
  • Race
  • Record of offences
  • Religion
  • Sexual harassment
  • Sexual orientation
  • Sexual violence
  • Workplace bullying

Our guiding principles for well conducted Hamilton worplace investigations

For employers that need to conduct Hamilton workplace investigations,

Contact us today, to get the conversation started. “We’re pleased to meet you.” 

  • Age
  • Ancestry (creed)
  • Bullying and cyberbullying
  • Citizenship 
  • Colour 
  • Conflict of interest
  • Disability
  • Discrimination
  • Ethnic origin
  • Family status
  • Gender expression
  • Gender identity
  • Harassment
  • Marital status
  • Place of origin
  • Race
  • Record of offences
  • Religion
  • Sexual harassment
  • Sexual orientation
  • Sexual violence
  • Workplace bullying

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