Andrew Nicholl practices management labour relations and employment law.
Mr. Nicholl has acted for numerous employers and employers' organizations before the Ontario Labour Relations Board, the Ontario Superior Court, the Ontario Human Rights Tribunal, the British Columbia Labour Relations Board, and before rights and interest labour arbitration tribunals.
Mr. Nicholl's practice also involves collective bargaining on behalf of employers, employment standards, human rights, wrongful dismissal, workplace health and safety and constitutional law.
In addition to assisting provincially regulated employers navigate employment and labour issues, Mr. Nicholl advises federally regulated employers on various aspects of employment and labour law and legislative reform.
J.D., Western University, 2015
B.A. (Hons.), University of Toronto, 2011
Mr. Nicholl has successfully acted for the following clients:
- A provincial employers' organization, where an arbitrator rejected a union grievance claiming that a number of employers were in violation of the recently increased minimum wage under Bill 148 in Ontario, when their hourly rate fell below the minimum wage but the entire compensation package exceeded it.
- A large construction company, where an arbitrator rejected a union grievance claiming that an employee was dismissed without just cause, contrary to the collective agreement; the dismissal was upheld.
- A provincial employers' organization at the Ontario Labour Relations Board, where a grievance referred under section 133 of the Labour Relations Act, 1995 alleging a violation of the provincial collective agreement regarding shift pay was dismissed.
- A large electrical contractor at the Ontario Labour Relations Board, where a grievance referred under section 133 of the Labour Relations Act, 1995 alleging a violation of the provincial collective agreement regarding shift scheduling was dismissed.
- A wholesale distributor of apparel before the Ontario Superior Court in which the employer's decision to dismiss the plaintiff for cause was upheld.
- An insurance company and municipal corporation before the Ontario Human Rights Tribunal, where a vice-chair dismissed an application alleging discrimination based on a denial of coverage for the cost of medical marijuana.
- British Columbia 2018
- Ontario 2016
Memberships and activities
- Canadian Bar Association
- Law Society of British Columbia
- Ontario Bar Association
- Law Society of Upper Canada
- Advocates Society
Employers in Canada – more significant legislative change is on its way, this time from the federal government in the form of Bill C-86. Bill C-86 has now passed its second reading in parliament and, subject to it passing third reading and receiving royal assent, employers in federally regulated industries will be significantly affected..
November 23, 2018