MUNICIPAL
LAW
 Land
Use Planning, subdivision and development control, environmental
concerns relating to contained livestock operations, and
many other issues of practical and political importance
are part of the daily activities conducted by most municipal
government councils and their administrations. These challenges
are made all the more difficult by tight budgets for infrastructure
improvement and development and the down-loading of many
more responsibilities to local government levels. Each
of these areas are constantly impacted by legislation
and common practices involving legal considerations.
North
& Company lawyers act for many levels of local
government and have appeared in all Alberta courts on
behalf of both government and private citizens with
respect to these issues. North & Company
lawyers also regularly appear before planning commissions,
appeal tribunals, waste and resource management authorities
and municipal councils to represent taxpayers, developers,
and other persons impacted by the process and the decisions
of local government. Please contact us for more information.
EMPLOYMENT
LAW
Changes in the economy are usually
accompanied by some disruption in the relationship of
employers and employees. The most traumatic are terminations
but demotions, transfers, discrimination, harassment,
safety and injury also often require consideration of
the many legal issues which impact on decisions and
actions. Practical and proper management of human resources
are the keys to the success of any business. That management
requires consideration of all applicable issues and
law before and after the action that may impact on the
employment relationship is taken.
North
& Company lawyers provide consultation services,
conduct public seminars, and act for both employers
and employees in every area of employment law. North
& Company lawyers have appeared in all levels
of Alberta courts, as well as before adjudicators and
tribunals mandated by provincial and federal labour
legislation, including union and collective agreement
disputes. North & Company strongly believes in providing
our clients with information and professional services
that allow them to be proactive, prepared and protected
as they begin, continue and conclude employment relationships
EMPLOYEE OR INDEPENDENT
CONTRACTOR
Often
parties will attempt to create an independent relationship
that, among other things, reverses the responsibility
for the payment of income tax and other benefits. Even
though the parties may agree in writing, that does not
always mean it is so ! For a relationship to be enforceable
as an independent contract, the "four fold test"
is usually considered to be the benchmark requirement.
Control over what work is done and the manner in which
it is done is one of the tests. Ownership of tools and
equipment is another test and it relates to the level
of investment in the business. Chance of profit or risk
of loss is the test that looks at the intent to make
money rather than just receive a fixed wage, salary
or commission. The final test considers whether the
work is an integral part of the business as opposed
to a necessary but not integrated part. There are many
other tests that are often used to determine exactly
what the relationship really is. The consequences of
not knowing or not taking the correct actions required
by law are far-reaching. Prior consultation with a professional
well-versed in the legal issues impacting on these relationships
is the best preventative step to take.
DISABLED OR SICK
EMPLOYEES
Unfortunately
employees sometimes encounter accident or illness that
prevent them from completing their work requirements
for significant periods of time. While these situations
may be "no fault", the consequences to both
employer and employee are wide-ranging. Neither party
may know how long the disability or illness will last.
The employer is faced with the issues of temporary or
permanent replacement. The employee suffers the trauma
of the disability or illness and the added stress of
disruption of income flow and career aspirations. Workers
Compensation may be involved. Often Employment Insurance
or private disability insurance programs create another
level of consultation and disagreement. Human rights
legislation must also be considered as discrimination
based on disability is generally considered a prohibited
action. Simply put, the employer cannot just terminate
the employment relationship without possibly suffering
some adverse consequences. To complicate matters further,
the employer may not be able to terminate the relationship
during the period of disability without some impact.
Proper legal advise from a qualified professional is
absolutely critical as the impact of even a simple,
ill-advised or ill-timed act by either employer or employee
may have substantial and permanent impact when it could
have been avoidable.
PERFORMANCE EVALUATIONS
The agony and trauma associated with the annual performance
review is consistent with most employment relationships.
Management wishes to avoid the confrontation aspect
especially when the business is going well. Employees
shy away from the criticism that often is involved,
even if it is constructive and training guides for career
advancement. But the awards that are being made by the
Courts recently should strongly encourage employers
to regularly and properly conduct these evaluations.
Otherwise you face wrongful dismissal claims and hugh
severance and cost awards.
Evaluation
should be based on employee performance in relation
to established, fair and reasonable policies of which
all parties are aware. Regular timing of the evaluations
is important. Goal-setting is one of the purposes of
evaluations. Goals should be "SMART"; sensible,
measurable, achievable, relevant and timely. Any discipline
that arises from an evaluation, or at any other time,
should have some level of appeal or at least a guarantee
of fairness in the process. Access to the highest officer
of the company may be enough. Peer Review Panels are
effective, especially if they can overturn management
decisions. Bottom-up appraisals can also be very effective
as the pain is momentary and the criticism usually constructive.
Competent legal advice with respect to setting and changing
of policies, evaluations processes and discipline generally
will allow proactive rather than reactive consequences.
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