The hospitality and gaming industry is labour-intensive with a wide variety of challenging employment and labour issues that directly impact a venue’s operations. We have years of experience and a proven track record of assisting investors, owners and operators with issues that arise in the labour and employment context.
Our lawyers understand the variety of issues that arise, including: consolidation of hotel companies; development of multi-use properties; condominium conversion; outsourcing; the movement towards technology in all aspects of the hotel experience; and data privacy security.
The industry also faces the prospect of legislative challenges for those deemed to be part of a “precarious workforce.” The changing law with respect to the distribution of gratuities has far-reaching impact for employers whose collective agreements are set to expire in the coming years and for employers who have operated in an environment where gratuities are an integral component of compensation.
We understand the needs and challenges of our hospitality clients and are knowledgeable about industry trends. Our focus is on understanding our clients’ business objectives and concerns and then avoiding problems where possible before they arise. We work diligently to resolve issues quickly, efficiently and economically.
Our clients in this sector include:
- Hotels and resorts
- Conference facilities
- Golf, tennis, fitness and private clubs
- Tourist attractions
- Provincially regulated casinos and lotteries
We play an active role in helping our clients manage a range of human resources, labour and employment issues. We routinely provide advice and representation related to:
- all labour- and employment-related elements of a purchase or sale transaction
- labour relations, including collective agreement negotiation, union certifications and strikes and lockouts
- employment standards compliance including wages, benefits, vacation thresholds and severance arrangements
- human rights issues, including accommodation of disabilities, family status and religion requests, workplace investigation training, and claims filed by employees, guests or third parties alleging harassment or discrimination
- the development and monitoring of occupational health and safety policies including those under health and safety legislation and contract
- privacy issues, including guest data privacy breaches, video surveillance and the use of social media by employees in and outside of the workplace where the employer is identifiable
- employee attendance and performance management
- training programs for managers on matters related to union certification applications, performance management, hiring practices and human rights-related issues
- the impact on employees in the event of a rezoning application, construction/renovation, condo-conversion or any other plans where employees are likely to be impacted by lay-off (temporary or permanent)
We appear before administrative tribunals on human rights, occupational health and safety, rights arbitrations, labour board issues and workers’ compensation matters. We also act on behalf of clients at all levels of court, including wrongful dismissal and disability claims.
Our lawyers speak at the Hotel Human Resources Professional Association and stay up-to-date with activities sponsored by Tourism Toronto, the Greater Toronto Hotel Association, the American Hotel & Lodging Association and others.