Labour & Employment

Events & Seminars

  • September 22, 2015
    7:30 am - 12:30 pm

BDO Canada, Thompson Dorfman Sweatman LLP (TDS Law), Blackwood Family Enterprise Services (Blackwood), and the Canadian Association of Family Enterprise (CAFE) are holding a seminar, Successfully Transitioning the Family Business on September 22nd.

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  • September 24, 2015
    12:30 pm - 5:30 pm

  The VA Angels will be holding an event in the D.A. Thompson Boardroom on Thursday, September 24 at 5:30 p.m. The event will be attended by angel investors, as well as start-up and emerging companies looking for capital. TDS Lawyer Jeff Pniowsky will be giving a presentation on tax disputes with the CRA.  About VA […]

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  • September 29, 2015
    8:00 am - 10:00 am

Join ICTAM and TDS on the last Tuesday of each month for our new Executive Breakfast Series. Each session will focus on an area of interest that will assist you in optimizing key facets of your business. This month’s session will focus on Legal considerations in recruitment, retention and termination of employees.

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Labour & Employment Overview

Thompson Dorfman Sweatman LLP provides services in connection with all aspects of labour relations and employment law matters. We represent clients in proceedings before the Manitoba Labour Board, the Canada Industrial Relations Board and boards of arbitration under collective agreements. Our lawyers negotiate and draft collective agreements, acting as spokespersons at the bargaining table and advising clients on the interpretation of such agreements. We advise clients on legislation affecting employment relationships, such as employment standards, human rights and workers compensation, policing and military employment law, and act for clients in connection with preparation of employment contracts and employee manuals. We provide advice with respect to termination of employment relationships and appear in court in wrongful dismissal actions. The firm provides specialized expertise in dealing with issues of human rights, sexual harassment, workers compensation, policing and military employment law, disability and absenteeism management, pensions, workplace health and safety and pay equity.

  • Employment Policies
  • Labour Board Proceedings
  • Collective Bargaining
  • Labour Arbitrations
  • Employment Contracts and Employee Handbooks
  • Wrongful Dismissal Litigation
With the largest labour and employment practice group in Manitoba, we provide local, national and international clients with services in all aspects of labour relations and employment law. When you or your company requires labour and employment law advice, contact Robin Kersey or Ken Maclean our labour and employment practice group co-chairs. You can rely on TDS labour and employment law.
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  • A “pay when paid” clause is one of the more contentious contractual provisions that can be found in a construction contract. As its name suggests, a “pay when paid” clause provides that a subcontractor is not entitled to be paid for its work until the contractor receives payment from the owner of the project. This clause seeks to shift the risk of an owner’s non-payment from contractors to subcontractor. In the absence of such a clause, if an owner fails to pay the contractor for work completed by the subcontractor, the contractor must still pay the subcontractor for the work completed.

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  • Sexual harassment is an uncomfortable topic. It is also a high profile topic. Most business leaders have become aware that the time to get their respectful workplace houses in order is now, and a recent series of human rights adjudication decisions have reinforced the message. Employers, businesses and institutions not only have legal duties to provide an environment free of sexual harassment, but ignoring these duties could cause permanent damage to reputation and the bottom line.

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  • Most employers are aware that human rights legislation prohibits discrimination in employment on the basis of such things as age, race, religion, physical disability and mental disability; however, employers may be less familiar with the fact that human rights legislation prohibits discrimination in employment based on a person’s “family status”.

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  • Intoxicants have any number of deleterious consequences in a workplace including effects on performance, the health and safety of others and an employer’s reputation. It is then no wonder that employers are keen to introduce drug and alcohol testing policies into the workplace. However, courts and arbitrators have been live to this fact, attempting to balance the rights of the employee against the rights of the employer. As a result of this balancing act, there are a number of decisions which offer guidelines for employers with respect to the implementation of drug and alcohol testing policies.

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  • On May 14, 2014 Melissa Beaumont spoke at Compliance Day™ Brandon on the topic of "The Employer's Duty to Accommodate Illness and Disability."

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  • Rob Olson and Terra Welsh will be providing an overview of legal requirements in human resources at this conference.

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  • Rob will be speaking at the Western Canadian Construction Labour Relations Forum in Calgary, AB on September 25-26, 2013. His session titled “Case Law Updates from Manitoba - Legal Developments and Ramifications for Unions and Employers” will provide an overview of the latest updates in Manitoba’s Labour Relations law; Discussion of relevant recent cases and decisions; Ramifications of legal developments for unions and employers; Workers’ Health & Safety regulations for criminal liability; and Labour and employment issues generally for construction industry in Manitoba.

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  • We are pleased to announce that Compliance Day™ will be returning in 2013 for its second year. Compliance Day™ is a half-day seminar covering a range of legal topics related to compliance. Based on feedback we received from attendees in 2012, we have changed the format of the event. In 2013, we will be running three concurrent streams, allowing specialists to attend the stream that is relevant to their area of responsibility without needing to sit through sessions of little relevance to them. The streams have been separated into Labour and Employment Compliance, Technology and Privacy Compliance, and Tax Compliance.

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  • Melissa will be presenting to the Manitoba Institute of Agrologists at their 2013 AGM on Legal Considerations on Using Social Media in Marketing, and Social Media & Employment Law.

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  • Les conséquences financières du congédiement injustifié à l’employeur et à l’employé Un employé a été congédié. Est-ce que l’employeur avait un motif valable pour congédier l’employé? Quels facteurs sont considérés en déterminant un préavis raisonnable?

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  • Considerations for Employers When Contemplating Employee Terminations, How the Hiring Process Might Affect the Termination Process, and How Much Terminations Might Cost.

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  • The Province developed concerns that the Grievor was using his position as a manager for personal gain, alleging he altered receipts, claimed personal expenses as business expenses, deliberately removed detail from certain receipts, falsified the purchasing card logs, approved the falsification of logs by other employees under his direction, and interfered in the investigation of irregularities involving himself and other staff by breaching confidentiality. It was also asserted that he refused to provide any explanation at all for his actions.

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