Federal Sector

Fasken has the preeminent federal sector labour and employment practice in Canada. The federal sector includes some of the country’s largest employers, many of which have longstanding and complex relationship with trade unions. Because of this, the labour and employment issues faced by these employers often strike at the heart of their businesses.
Subscribe
Share

Overview

Fasken has the preeminent federal sector labour and employment practice in Canada. The federal sector includes some of the country’s largest employers, many of which have longstanding and complex relationship with trade unions. Because of this, the labour and employment issues faced by these employers often strike at the heart of their businesses.

Our Labour, Employment & Human Rights (LEHR) lawyers also play a leading role in the issues and trends that shape the changing Canadian labour and employment landscape.

  • We wrote the book. Literally. Members of our Firm co-authored the leading text on federal sector labour and employment law, Federal Law and Practice, A Comprehensive Explanation of Labour and Employment Law in the Federal Jurisdiction, which was published by Canada Law Book in 2013.
  • We are on the front lines. Fasken is fortunate to act for major federal sector employers in every industry across the country. This includes transportation, shipping and logistics providers, airlines and airport authorities, banks, postal services, railways and nuclear energy facilities.
  • We are behind the scenes. We are counsel to the Federally Regulated Employers - Transportation and Communications (FETCO), the leading employer organization at the federal level. Our work with FETCO includes public policy work on behalf of the organization, as well as representation in constitutional litigation and other cases that involve important labour and employment law issues. Our LEHR team has acted for FETCO (and other interveners representing the interests of employers) in multiple cases before both the Supreme Court of Canada and our Federal Court of Appeal.
  • We are on the international stage. Fasken is counsel to the Canadian Employers Council (CEC), the voice of Canadian business on the international stage on labour and employment matters. We are involved in global events such as the annual proceedings at the International Labour Organization (ILO) and developments within the Summit of the Americas process. Members of the CEC include FETCO and major federal sector employers such as Canadian Pacific Railway and industry-wide employer organizations like the Canadian Bankers Association.

Subscribe to our HR Space bulletin to learn more about our federal sector service offerings. You can also browse some of our recent experiences or contact any of our lawyers.

Team

Primary Contacts
  • Stéphane Fillion, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 4309, sfillion@fasken.com
  • Shane D. Todd, Partner | Co-leader, Labour, Employment & Human Rights, Toronto, ON, +1 416 868 3424, stodd@fasken.com
  • Emilie Paquin-Holmested, Partner | CO-LEADER, LABOUR, EMPLOYMENT & HUMAN RIGHTS, Montréal, QC, +1 514 397 5111, epaquin@fasken.com
  • Christopher Pigott, Partner | Labour, Employment & Human Rights, Toronto, ON, +1 416 865 5475, cpigott@fasken.com
  • Jackie VanDerMeulen, Partner | Labour, Employment & Human Rights, Toronto, ON, +1 416 865 5402, jvandermeulen@fasken.com
  • David T. McDonald, Partner | Labour, Employment & Human Rights, Vancouver, BC, +1 604 631 4751, dmcdonald@fasken.com
Stéphane Fillion Associé/Partner Montréal Stéphane Fillion Partner | Labour, Employment & Human Rights Montréal, QC +1 514 397 4309
Shane Todd Toronto Lawyer Shane D. Todd Partner | Co-leader, Labour, Employment & Human Rights Toronto, ON +1 416 868 3424
Emilie Paquin-Holmested Avocate/Associate Montréal Emilie Paquin-Holmested Partner | CO-LEADER, LABOUR, EMPLOYMENT & HUMAN RIGHTS Montréal, QC +1 514 397 5111
Christopher Pigott Toronto Lawyer Christopher Pigott Partner | Labour, Employment & Human Rights Toronto, ON +1 416 865 5475
Jackie VanDerMeulen Toronto Lawyer Jackie VanDerMeulen Partner | Labour, Employment & Human Rights Toronto, ON +1 416 865 5402
David T. McDonald, Partner | Labour, Employment & Human Rights David T. McDonald Partner | Labour, Employment & Human Rights Vancouver, BC +1 604 631 4751
All Members

Client Work

  • Canada Post enters binding arbitration with Canadian Union of Postal Workers (CUPW), following labour strike, [Deal - Canada Post], In November 2018 Parliament enacted the Postal Services Resumption and Continuation Act (Bill C-89) bringing an end to a strike at Canada Post and requiring the employer and its largest union, the Canadian Union of Postal Workers (CUPW), to engage in a binding interest arbitration process to sett...
  • Supreme Court of Canada renders a significant decision interpreting subsection of the Canada Labour Code, [Case - FETCO Inc., Maritime Employers Association, Halifax Employers Association, British Columbia Maritime Employers Association and Rogers Communications Inc.], On December 20, 2019, the Supreme Court of Canada rendered a significant decision interpreting the scope of federally regulated employers’ health and safety inspection obligations under the Canada Labour Code. The Supreme Court overturned the Federal Court of Appeal’s decision in Canada Post v. C...
  • Air Canada Pilots Association v. Air Canada, [Case - Air Canada], Karen Sargeant and Tala Khoury successfully defended Air Canada’s contribution levels to its Employee Share Ownership Plan, in the face of a challenge by Air Canada’s pilots.
  • CUPE, AC Component v. Air Canada, [Case - Air Canada], Karen Sargeant and Gillian Round successfully defended Air Canada’s On Board Service Manager program, a program geared toward Service Directors and designed to improve onboard service.
  • Defended Air Canada in termination of those who abused paid sick leave, [Case - Air Canada], Jackie VanDerMeulen and Tala Khoury successfully defended the termination for just cause of a seven-year employee who abused paid sick leave.
  • International Association of Machinists and Aerospace Workers v. Air Canada (LTD Termination Grievances), [Case - Air Canada], Karen Sargeant and Rachel Younan successfully defended Air Canada against allegations by the International Association of Machinists and Aerospace Workers that it was precluded from terminating the employment of bargaining unit employees who had been determined to be totally disabled and where th...
  • CUPE, AC Component v. Air Canada Rouge, [Case - Air Canada Rouge], Jackie VanDerMeulen and Gillian Round successfully defended Air Canada against a policy grievance filed on behalf of Flight Attendants alleging that it was required to pay premium pay for training time.
  • Thacker v. Iamaw, District Lodge 140 v. United Airlines Inc., [Case - United Airlines Inc.], Shane Todd obtained a dismissal of termination grievances filed by four employees who were discharged for significant discounting and ticketing fraud. The union had originally refused to refer the grievances to arbitration. The Canada Industrial Relations Board found that the union had failed t...
  • Klimkowski vs. Canadian Pacific Railway, [Case - Canadian Pacific Railway], Shane Todd convinced the Federal Court to dismiss an application for review of the Canadian Human Rights Tribunal’s decision not to consider a complaints against CPR. Shane convinced the court that the human rights issues were appropriately addressed in a discharge grievance that was dismissed b...
Deal Advised Canada Post Canada Post enters binding arbitration with Canadian Union of Postal Workers (CUPW), following labour strike In November 2018 Parliament enacted the Postal Services Resumption and Continuation Act (Bill C-89) bringing an end to a strike at Canada Post and requiring the employer and its largest union, the Canadian Union of Postal Workers (CUPW), to engage in a binding interest arbitration process to sett... Read more
Case Represented FETCO Inc., Maritime Employers Association, Halifax Employers Association, British Columbia Maritime Employers Association and Rogers Communications Inc. Supreme Court of Canada renders a significant decision interpreting subsection of the Canada Labour Code On December 20, 2019, the Supreme Court of Canada rendered a significant decision interpreting the scope of federally regulated employers’ health and safety inspection obligations under the Canada Labour Code. The Supreme Court overturned the Federal Court of Appeal’s decision in Canada Post v. C... Read more
Case Represented Air Canada Air Canada Pilots Association v. Air Canada Karen Sargeant and Tala Khoury successfully defended Air Canada’s contribution levels to its Employee Share Ownership Plan, in the face of a challenge by Air Canada’s pilots. Read more
Case Represented Air Canada CUPE, AC Component v. Air Canada Karen Sargeant and Gillian Round successfully defended Air Canada’s On Board Service Manager program, a program geared toward Service Directors and designed to improve onboard service. Read more
Case Represented Air Canada Defended Air Canada in termination of those who abused paid sick leave Jackie VanDerMeulen and Tala Khoury successfully defended the termination for just cause of a seven-year employee who abused paid sick leave. Read more
Case Represented Air Canada International Association of Machinists and Aerospace Workers v. Air Canada (LTD Termination Grievances) Karen Sargeant and Rachel Younan successfully defended Air Canada against allegations by the International Association of Machinists and Aerospace Workers that it was precluded from terminating the employment of bargaining unit employees who had been determined to be totally disabled and where th... Read more
Case Represented Air Canada Rouge CUPE, AC Component v. Air Canada Rouge Jackie VanDerMeulen and Gillian Round successfully defended Air Canada against a policy grievance filed on behalf of Flight Attendants alleging that it was required to pay premium pay for training time. Read more
Case Represented United Airlines Inc. Thacker v. Iamaw, District Lodge 140 v. United Airlines Inc. Shane Todd obtained a dismissal of termination grievances filed by four employees who were discharged for significant discounting and ticketing fraud. The union had originally refused to refer the grievances to arbitration. The Canada Industrial Relations Board found that the union had failed t... Read more
Case Represented Canadian Pacific Railway Klimkowski vs. Canadian Pacific Railway Shane Todd convinced the Federal Court to dismiss an application for review of the Canadian Human Rights Tribunal’s decision not to consider a complaints against CPR. Shane convinced the court that the human rights issues were appropriately addressed in a discharge grievance that was dismissed b... Read more
All Client Work

Knowledge

  • Replacement Worker Ban, Right to Disconnect and Other Changes Upcoming for Federal Workplaces, 8/1/2024
  • Changes to Federal Workplace Legislation Proposed in 2024 Budget, 5/14/2024
  • New Ban on Replacement Workers is Introduced for the Federal Sector, 11/10/2023
diverse group of people in board meeting Bulletin Replacement Worker Ban, Right to Disconnect and Other Changes Upcoming for Federal Workplaces On June 20, 2024, several key pieces of Federal workplace legislation received Royal Assent. Bills C-58, C-59 and C-69 will make significant changes to the Canada Labour Code. We have summarized the upcoming changes employers should be aware of. Read more
Federal Building Canada Flag Bulletin Changes to Federal Workplace Legislation Proposed in 2024 Budget On April 16, 2024, the Federal government released its budget for 2024 which proposed several amendments to the Canada Labour Code, as well as changes to the Employment Equity Act. On May 2, 2024, the Budget Implement Act, 2024, No. 1, was introduced into Parliament for first reading. Read more
New Ban on Replacement Workers is Introduced for the Federal Sector Bulletin New Ban on Replacement Workers is Introduced for the Federal Sector This article provides a summary of the Federal Government’s proposed ban on the use of replacement workers during strikes and lockouts. Read more

Events

  • Federal Sector Update: 2024, 11/19/2024
  • 2023 Federal Sector Update, 11/21/2023
  • Workplace accommodation: Where do we draw the line?, 6/14/2023
People walking in street with sun behind Webinar | Webinar Series Federal Sector Update: 2024 In our annual federal sector update, we will be joined by Derrick Hynes, President & CEO of FETCO, to discuss the year that has been and what lies ahead. About the event
Diverse hands Webinar | Webinar Series 2023 Federal Sector Update In our annual federal sector update, we will be joined by Derrick Hynes, President & CEO of FETCO, to discuss recent legal changes and announcements that will impact federally-regulated employers. About the event
People gathering for business event Hybrid Workplace accommodation: Where do we draw the line? The Labour, Employment and Human Rights group is pleased to invite you to the Workplace Accommodation training: Where do we draw the line? location location Montreal , QC Fasken Montreal About the event

    Subscribe

    Receive email updates from our team

    Subscribe