Richard Charney is Global Practice Leader of Norton Rose Group's Employment and labour practice and Toronto chair of our Canadian employment and labour law group.
Mr. Charney practises management labour relations and employment law, a field in which he is widely recognized as an advocate on behalf of national and local clients. He acts for numerous employers and employers' organizations and appears at provincial and federal labour relations boards and the courts, including the Supreme Court of Canada, and before rights and interest labour arbitration tribunals. He also advises on all matters of employment and labour law and legislative reform.
Mr. Charney's practice also involves collective bargaining on behalf of employers, employment standards, human rights, wrongful dismissal, workplace health and safety and constitutional law. He is particularly active as an advocate before national labour tribunals such as the Canada Industrial Relations Board, which has jurisdiction over transportation and similar national industries; the Ontario Labour Relations Board, which has jurisdiction in provincial industries such as construction; and in judicial review challenges to tribunal determinations in the federal and provincial superior courts. He is also a leading labour counsel to a variety of well-known arts and cultural organizations in Canada.
Selected client work
Mr. Charney has successfully acted for the following clients:
· A provincial electric power utility at arbitration, establishing the right of an employer to terminate the employment of a unionized employee who underperforms
· A provincial power utility against a union injunction that sought to restrain the promotion of certain unionized employees into management prior to a labour dispute
· A provincial power utility against an unfair labour practice accusation at the Ontario Labour Relations Board with respect to conduct before and during strike activity
· A major pulp and paper producer in a judicial review challenge to an arbitration decision that concluded the employer discriminated when it provided different benefits to employees on long-term disability than to employees under workers' compensation coverage. The Ontario Divisional Court quashed the arbitrator's ruling
· A variety of employers at the Ontario Labour Relations Board with respect to jurisdictional assignments on construction sites
· An Ontario-based broadcaster at arbitration with respect to a union challenge to a management decision to the effect that an employee with seniority was unqualified for a particular position
· A media outlet against a union attempt to convince the Ontario Labour Relations Board to consolidate city-based bargaining units into a province-wide unit
· A construction association in which an interest arbitrator substantially adopted the proposal put forward by the employer and rejected the union position
· A major Canadian arts organization in arbitration against a union challenge that would have required additional payments to stage employees had the grievance succeeded
· Employers in the financial services and transportation industries at the Federal Court and the Federal Court of Appeal against numerous employee- and union-initiated judicial review applications challenging the decisions of administrative commissions and boards that were favourable to management
Speaking engagements
· "Challenges to Board Decisions: You've Lost at the Labour Board-What is Your Next Step?" Lancaster House, Toronto, October 18, 2011.
· "Non-construction Employer and the Charter" (panellist), Insight Information, Toronto, April 8, 2011.
· "Damages and Remedies: Innovative Approaches to Compensation and Redress" (panellist), Labour Arbitration Conference, Lancaster House, Toronto, December 9, 2010.
· "The Future of Labour Arbitration in Canada," 2010 National Administrative Law, Labour & Employment Law and Privacy & Access Law Conference, Canadian Bar Association, Ottawa, November 26, 2010.
· "Update on Judicial Review of Labour Decisions: Is It Possible to Overturn a Bad Decision?" (co-chair and speaker), Insight Information, Toronto, October 29, 2010.
· "Ethics, Civility and Practice Management" (panelist), The Law Society of Upper Canada, Toronto, June 15, 2010.
· "Handling Terminations With or Without Cause," Conference on Workplace Restructuring, The Canadian Institute, Toronto, July 10, 2009.
· Conference on Workplace Restructuring (co-chair), The Canadian Institute, Toronto, July 9 and 10, 2009.
· Construction Labour Relations Conference (co-chair), Insight Information, Toronto, April 30 and May 1, 2009.
· "Recession Issues" (panelist), Construction Labour Relations Conference, Insight Information, Toronto, April 30, 2009.
Rankings and recognitions
· Best Lawyers in Canada, 2012 - Labour and Employment Law
· PLC Which Lawyer? Cross-border Labour and Employee Benefits Handbook
· Canadian HR Reporter's Canada's Employment Lawyers Directory, 2009
· Walter Owen Book Prize, 1999
· Martindale-Hubbell - "AV" rating
· The International Who's Who of Management Labour and Employment Lawyers, 2011
· Guide to the World's Leading Labour and Employment Lawyers
· Canadian Who's Who
· PLC's Which Lawyer? Yearbook
· Lexpert
Memberships and activities
· Not-for-Profit Organization in Toronto
- Chair, Board Committee, 2006 to present
- Member, Board Finance Committee, 2006-2010
- Board of Trustees, 2003-2006
· Ontario Labour Relations Board
- Construction Litigation Committee, 1995-2005
· Association of Canadian Orchestras, 1995-1997
· Adjunct Professor, University of Toronto Faculty of Law, 2006 to present
· Faculty Member, Osgoode Hall Law School Graduate Program (Instructor in Collective Bargaining), 2001-2002
Related Publications
Employers' Obligations at Federal Election Time
Under the Canada Elections Act, every employee who is qualified to vote has the right to three consecutive hours to vote while the polls are open (see below for poll hours by time zone).
28/04/2011
Bargaining Rights of Unions Not Absolute
On February 18, 2011, the Ontario Divisional Court (the "Court") released its decision in Independent Electricity System Operator v. Canadian Union of Skilled Workers and Labourers' International Union of North America et. al.
19/04/2011
The criminal aspect of a breach of duty to not endanger employee health and safety
On September 27, 2010, Justice Denis Lavergne of the Court of Quebec found that a business owner was guilty of criminal negligence causing death after a backhoe he was driving fatally struck an employee.
24/02/2011
Ball firmly in employee court when filing Employment Standards Act claims
Employers in Ontario may see a reduction in the number of claims filed with the Ministry of Labour (MOL) alleging that they have breached the Employment Standards Act, 2000 (ESA). Effective January 19, 2011, new guidelines are in place to address recent ESA amendments that now require employees to
10/02/2011
Inappropriate Facebook Use Leads to Termination of Employees
As Facebook's popularity continues to grow, so too do the consequences of its misuse by employees. This is highlighted by two recent arbitral decisions in which terminations were upheld on the basis of content posted on Facebook by employees while off-duty.
13/01/2011
The limits of employer free speech during union campaigns in Canada
For an employer that has successfully operated union-free, the prospect of its workplace becoming unionized is often confusing and frustrating.
02/07/2010
National Union found not liable for acts of striking members
On February 18, 2010, the Supreme Court of Canada handed down a decision addressing, among other things, the question whether a national union and its officers had any liability for the death of replacement workers caused by a striker.
09/04/2010
Hard pill to swallow: drug and alcohol testing by employers in Canada
Ogilvy Renault's Employment and Labour Law practice is one of Canada's largest management-side practices.
12/04/2010
Bill 168 - countdown to compliance and the new obligations for Ontario employers
Ontario employers face a deadline to ensure that appropriate policies and training, which address the new requirements imposed by Bill 168 and the Occupational Health and Safety Act (OHSA), are in place and completed by June 15, 2010.
16/04/2010
Canadian Human Rights Tribunal expands the duty to accommodate parental obligations
The Canadian Human Rights Tribunal (the Tribunal) recently issued a series of decisions that affects how employers must consider issues relating to allegations of discrimination based on family status. Following these decisions, employers are under greater obligation to consult and potentially
13/01/2011
Workplace violence and harassment legislation passed - What employers need to know
Bill 168, which amends the Occupational Health and Safety Act with respect to violence and harassment in the workplace, received Royal Assent on December 15, 2009. It will come into force on June 15, 2010. The amendments introduce a new comprehensive approach to dealing with violence in the
18/12/2009
Getting ready for the Accessibility for Ontarians with Disabilities Act
As of January 1, 2010, many public sector organizations in Ontario must be compliant with the "Accessibility Standards for Customer Service", a regulation enacted under the Accessibility for Ontarians with Disabilities Act, 2005.
21/01/2010
Employment contracts need to be given due consideration
Any valid contract, including an employment contract, requires the parties to give each other something in exchange for entering into the agreement. In legal terms, the parties must give each other
03/05/2005
Related News
Evan Howard joins Ogilvy Renault's Employment and Labour Group
Ogilvy Renault is pleased to announce that Evan Howard has joined the firm as a partner in the Employment and Labour Group in Toronto. Evan has almost 15 years of experience in all aspects of pensions and benefits law.
03/06/2010
Finding the right approach to alcohol and drug testing
In a video interview with Canadian Lawyer, Richard Charney discusses alcohol and drug testing in the workplace.
27/09/2010
Exxon Valdez changed game on drug, alcohol testing
Some companies are not taking any chances by starting to test for drugs and alcohol in the workplace, says Richard Charney in the Globe and Mail.
16/06/2010
CIBC loses age discrimination case
A banker in London won an age discrimination case filed against CIBC, after he was dismissed at the age of 42. BNN speaks to Richard Charney.
29/12/2009
Canadian HR Reporter's Canada's Employment Lawyers Directory, 2009
Canadian HR Reporter has recognized five Ogilvy Renault LLP lawyers as among the country's best in its 2009 Canada's Employment Lawyers Directory.
01/12/2008
Ogilvy Renault Promoting Excellence in Toronto Youth
The Toronto office of Ogilvy Renault recently hosted 35 youth from Westview Centennial Secondary School for an interactive session on the rule of law and the legal profession.
21/10/2008
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