Kevin MacNeill

Senior Partner
Norton Rose Fulbright Canada LLP

Ottawa
Canada
T:+1 613 780 3767
Ottawa
Canada
T:+1 613 780 3767
Kevin MacNeill

Kevin MacNeill

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Biography

Kevin MacNeill has helped employers solve human resources problems for over 25 years.

He is a member of the Ontario, Quebec and New York bars and regularly practises in both English and French.

Mr. MacNeill has extensive experience in all areas of employment and labour litigation, including grievance arbitration, union certifications, restrictive covenant litigation, employment-related tax litigation, pension litigation, wrongful dismissal lawsuits, wage and hour claims, discrimination claims, occupational health and safety defence, and workers' compensation matters. In addition to having appeared before a multitude of administrative tribunals, he has also represented employers in the civil courts where he has acted in several trials, judicial review proceedings and appeals.

Being a seasoned litigator, Mr. MacNeill brings employers added value in the context of proactive strategic advice and collective bargaining. He has negotiated collective agreements, and advised in sale of business, workforce restructuring and reduction of force situations. He also has extensive experience in the areas of human rights, accommodation, workers compensation and disability management.

He is the author of The Duty to Accommodate in Employment, the leading text on the subject, published by Thomson Reuters, which has been cited in several arbitration and court decisions across Canada.

Professional experience

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LL.B., B.C.L., McGill University, 1994

B.A. (Hons.), York University, 1990

  • Ontario 1996
  • Quebec 1997
  • New York 2020
  • Represented national retailer organization before the Supreme Court of Canada on the scope of owner liabilities on construction projects under occupational safety and health legislation
  • Acted for international coatings company in litigation over the partial wind up of pension plan related to plant closures
  • Successfully defended aerospace company at arbitration in its conversion of a defined benefits pension plan to a defined contribution plan
  • Obtained favourable labour arbitration awards for: national dairy cooperative, upholding its right to schedule mandatory overtime for distribution facility employees; international soft drink company, upholding its management rights related to workforce restructuring; board of health, in high-stakes worker classification case; forest products company, upholding its right to change mill workers’ shift schedules
  • Successfully defended international railway company in workers’ compensation claim for psychotraumatic injury disability benefits related to traumatic head injury.
  • Successful defence against union’s application for interim relief in context of statutory freeze following union application for certification
  • Successful defences of international forest products company in multiple prosecutions and appeals under occupational safety and health legislation, involving critical injuries and fatality
  • Acted in countless cases for some of North America’s largest employers, involving employee claims or grievances alleging wrongful termination, harassment, reprisal, and discrimination
  • Best Lawyers in Canada: Labour and Employment Law, 2024  
  • Canadian Legal Lexpert Directory, 2019-2021: recommended in Workers' Compensation - Employer; 2020, 2022: recommended in Labour Relations; 2020, 2022-2024: Workplace Human Rights
  • Canadian Bar Association
  • American Bar Association
  • New York State Bar Association
  • Barreau de l'Outaouais
  • County of Carleton Law Association
  • English
  • French

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