Jennifer M. Fantini  

Partner

Executive Summary

Jennifer Fantini is a partner in the Vancouver office of Borden Ladner Gervais LLP. Prior to that she practiced in the Toronto office for fifteen years. She practises in the areas of labour relations and employment law. Jennifer advises public and private sector employers with respect to employee discipline and termination, wrongful dismissal, employment policies and contracts, employment standards, and human rights issues.

She also represents both employers and employees in wrongful dismissal and related civil litigation (at various levels of court), and appears on behalf of clients before various administrative tribunals, including human rights tribunals and labour relations boards. Jennifer is retained to conduct investigations on behalf of clients in relation to human rights, harassment and discrimination complaints, and to conduct client training on a variety of labour and employment issues. Jennifer represents unionized employers in collective agreement negotiations and arbitrations. She has a special interest and expertise in constructive dismissal law.

Representative Work

  • Advises a variety of private and public sector employers, notably in the financial services sector and the healthcare sector, providing advice related to all aspects of the employment relationship, in both unionized and non-unionized workplaces.
  • Represents public and private sector employers and employees in civil wrongful dismissal and constructive dismissal actions.
  • Represented a national sports association as an Intervener in a hearing before the Human Rights Tribunal of Ontario challenging the Association’s dressing room policy as discriminatory. The policy was upheld as non-discriminatory by the Tribunal.
  • Represented various hospitals in human rights complaints before the Tribunal, involving former employees and patients (including sensitive matters involving the rights of transgendered patients and other vulnerable segments of the population).
  • Represented several clients in defending complaints alleging a violation of reinstatement provisions and reprisal under the Employment Standards Act, 2000.

Publications & Presentations

  • Author, Practical Law's Private Acquisitions Multi-Jurisdictional Guide – Country Commentary – Canada, Thomson Reuters 2014.
  • Co-Author, Quitting for Good Reason: The Law of Constructive Dismissal in Canada, Canada Law Book, 2001.
  • National Editor and Coordinator, Employment Law: Practical Solutions for the Canadian Workplace, BLG and Specialty Technical Publishers (loose leaf service).
  • Author of articles on various labour and employment law issues, including: “Protecting Confidentiality in the Healthcare Setting: The Menace of Social Media,” Hospital News (September 2012); “Managing Absenteeism: Attendance Management Programs,” Pension and Benefits Monitor (July 2011); “The Shareholder Employee- Rights on Termination of Employment,” Canadian Employment Law Journal (September 2010); “Are Temporary Layoffs an Option for Your Company?” Canadian Human Rights Reporter (February 2009).
  •  Speaker at various internal and external conferences on a variety of labour and employment law issues including:
    • Speaker, "Releases, references and other considerations," Law Society of Upper Canada (LSUC)
    • Co-Chair, New Lawyer Program: Employment Law Practice Essentials, September 2012, 2014 and 2016 (webinar).
    • Speaker, Osgoode Certificate in HR Law for HR Professionals, 2012-2016.
    • Speaker, "Hiring and Firing," Vancouver Board of Trade, 2016.
    • Speaker, "Employee terminations: Not just the cost of doing business anymore," BLG Breakfast sessions, March and April 2016.

Rankings & Recognitions

  • Recognized in the 2017 and 2016 editions of Chambers Canada – Canada's Leading Lawyers for Business (Employment & Labour: British Columbia) (Band 4).
  • Selected by peers for inclusion in the 2018 edition (and since 2016) of The Best Lawyers in Canada (Labour and Employment Law).
  • Recognized in the 2015 edition (and since 2011) of Chambers Global – The World's Leading Lawyers for Business (Employment & Labour).
  • Recognized as one of Lexpert®’s Rising Stars – Leading Lawyers Under 40 (2012).
  • Recognized in the 2017 edition of The Canadian Legal Lexpert® Directory (Employment Law).