Jill Wilkie specializes in advising employers on all aspects of labour and employment law including: employment agreements, collective agreements, policies, restrictive covenants, fiduciary duties, wrongful and constructive dismissal, human rights, employment standards, privacy, disability management, performance management, employee misconduct, workplace investigations and terminations. Jill provides effective and practical advice and solutions, in a responsive and timely way.
Jill is a trusted advisor to employers, providing advice and counsel in a number of areas:
- advising employers on hiring, performance management, discipline, termination, disability management, fiduciary duties, restrictive covenants, human rights, employment standards and privacy
- drafting and reviewing employment agreements, restrictive covenants, contractor agreements, employment policies and procedures
- conducting and advising on workplace investigations
- wrongful dismissal
- constructive dismissal
- injunction applications
- breach of restrictive covenants
- breach of confidentiality
- breach of fiduciary duties
- grievance arbitrations
- advising employers on obligations and rights during certification, collective bargaining and under a collective agreement
- advising employers on performance management, discipline, disability management, human rights and privacy
- conducting and advising on workplace investigations
- defending human rights complaints
- representing employers in the Alberta Human Rights Commission conciliation and investigation processes
- representing employers at Alberta Human Rights Tribunal Hearings
- Judicial Review of decisions of the Alberta Human Rights Tribunal
- representing employers in Canada Labour Code inspections, adjudications and appeals
- representing employers in Alberta Employment Standards conciliations, investigations, hearings and appeals
- representing employers before the Office of the Information and Privacy Commissioner of Alberta
- advising employers on privacy obligations including breach reporting and responses to access requests
- drafting of privacy policies and procedures
Occupational Health & Safety:
- advising employers regarding obligations pursuant to the Occupational Health & Safety Act, Regulations and Code
- advising employers regarding obligations pursuant to the Workers’ Compensation Act and Regulations
Jill is a member of the Firm’s National Inclusion and Diversity Committee.
Jill frequently presents to employers on developments in employment law, from hiring through to post-termination. Jill also presents to employers regarding labour law developments.
Jill has authored and co-authored many articles, publications and blog posts, including:
- “Suncor Saga Update: Suncor’s Random Drug and Alcohol Testing Policy will be Sent Back to Arbitration,” Labour and Employment Communiqué, Miller Thomson, 2018
- “Alberta Court of Appeal Upholds Interim Ban on Random Drug and Alcohol Testing by Suncor,” Labour and Employment Communiqué, Miller Thomson, 2018
- “Checking in after Few Months of Living with the Alberta Employment Standards Code Changes,” Labour and Employment Communiqué, Miller Thomson, 2018
- “Alberta Employers! The Ministry of Labour Needs Your Input,” Canadian Labour and Employment Blog, Miller Thomson LLP, 2017
- “Emerging Issues in Labour and Employment: Economic Downturn”, The Barrister, Issue No.119, Spring 2016
- “Employment Law 101: Enforcement of Restrictive Covenants,” Canadian Labour and Employment Law Blog, Miller Thomson LLP, 2016
- “Part 1: Changes To Terms Of Employment In An Economic Downturn,” Labour and Employment Communiqué, Miller Thomson LLP, 2016
- “Part 2: Update on the Calculation of Reasonable Notice in an Economic Downturn,” Labour and Employment Communiqué, Miller Thomson LLP, 2016
- “New Minimum Wage Rate in Alberta to Take Effect on October 1, 2015,” Canadian Labour and Employment Law Blog, Miller Thomson LLP, 2015
- “Calculating Reasonable Notice 55 Years after Bardal – Responding to Economic Realities,” Labour and Employment Communiqué, 2015
- “Maternity and Parental Leave in Alberta,” Canadian Labour and Employment Law Blog, Miller Thomson LLP, 2015
- “Privacy in the Workplace–Drug and Alcohol Testing,” Labour and Employment Communiqué, Miller Thomson LLP, 2012
- “Privacy Rights of Employees’ E-mail,” Charter and Human Rights Litigation, Vol. XVIII, No. 1, Federated Press, 2011
- “Christian Horizons: the State Bans Christian Homes,” Charter and Human Rights Litigation, Vol. XV, No. 3, Federated Press, 2008
- “Drug and Alcohol Testing: Consistency with Privacy and Human Rights,” Charter and Human Rights Litigation, Vol. XIV, No. 4, Federated Press, 2008
- “Hate Speech and Free Speech,” Charter and Human Rights Litigation, Vol. XIV, No. 3, Federated Press, 2007
- “Swabs and Cameras: Privacy Issues for Employers Concerning Alcohol and Drugs in the Workplace,” Labour and Employment Communiqué – Alberta, 2007
Jill has presented at a number of conferences and seminars, including:
- The Broadening Scope of Requests for Personal Information: Assessing the Organizational Impacts, Canadian Association of Counsel to Employers Webinar, 2018
- Changes to Alberta’s Occupational Health and Safety and Worker’s Compensation Legislation, Client Seminar, Miller Thomson LLP, 2018
- Panel Discussion on New Employment Legislation, Vital Partners, 2018
- Key Employment Policies, CPHR Alberta, 2018
- Panel Discussion on Disability Management, Vital Partners, 2017
- Eyes Wide Open: Workplace Surveillance: Privacy Panel, Canadian Association of Counsel to Employers, 14th Annual Conference, Calgary, 2017
- Prying Eyes: Privacy Breaches in the Workplace – And What To Do About Them, 35th Annual Labour Arbitration and Policy Conference, Calgary, 2017
- HR Exchange Panel, Vital Partners, Calgary, 2017
- The Changing Workforce: Legal Issues From Both Tails of The Aging Curve, HRIA Conference, Edmonton, 2017
- Privacy Commissioners Perspective on Leading Workplace Privacy Issues, Canadian Associational Counsel to Employers Webinar, 2017
- How Age Affects The Employment Relationship, Miller Thomson LLP Client Webinar, 2016
- Hot Privacy Topics: Hiring, Health and Hacks: Privacy Panel, Canadian Associational Counsel to Employers, 13th Annual Conference, Winnipeg, 2016
- Respectful Workplace Training, Client Presentation, Alberta, 2016
- “Deconstructing Constructive Dismissal,” HRIA Conference, Calgary, 2016
- “Employment Law 101,” Miller Thomson LLP, Client Presentation, Calgary, 2016
- “Constructive Dismissal, Employment Law Panel,” Canadian Bar Association, Alberta Law Conference, Calgary, 2015
- “Canada Labour Code Update,” Canadian Payroll Association, Calgary, 2015
- “Director’s Duties and Liabilities,” Miller Thomson LLP, Client Presentation, Calgary, 2015
- “Advocacy before Administrative Tribunals,” Federated Press 2nd Adjudication in Alberta Course, 2015
- “L&E Seminar,” Miller Thomson LLP, Client Presentation, Calgary, 2015
- “Legislative Framework in Employment Law,” Federated Press 3rd Mini LL.B. for Aboriginal Leadership Course, Calgary, 2015
- Lorman Education Services Presentation on Employment Related Records in Alberta, 2014
- Lorman Education Services Presentation on Overtime and the Salaried Employee in Calgary, 2014
- Organized Pseudo Legal Commercial Argument Litigants, Miller Thomson LLP, Calgary, 2014
- “Labour Law 101,” Miller Thomson LLP, Edmonton and Calgary, 2014
- Lorman Education Services Presentation on Employment Discharge and Documentation, Calgary, 2013
- “Law Procedures relating to Employment Standards, Employment Insurance and Workers Compensation,” Calgary Chinese Community Service Association and Calgary Legal Guidance Presentation, Calgary, 2013
- Lorman Education Services Presentation on Overtime and the Salaried Employee, Calgary, 2013
- Lorman Education Services Presentation on Workplace Investigations, Calgary, 2013
- “Labour Law Update,” Miller Thomson LLP, Risk Mitigation in the Modern Workplace Seminar, BMO Centre, Calgary, 2012
- “Pastor + People + Protection–What you Need to Know,” Associated Gospel Churches of Canada, 2012
- “Employment Law 101 (Hiring and Termination, Employment Policies, Privacy Law and Human Rights),” Miller Thomson LLP, Client Presentation, 2012
- “Camp Logistics and Workforce Accommodation Forum: Evaluating the Impacts of the Latest Government Guidelines on Work Camps,” CI Energy Group, a division of the Canadian Institute, 2012
- “Recent Developments in Human Rights Law,” Miller Thomson LLP seminar, Calgary Chamber of Commerce, 2011
- “Freedom of Association in the Labour Relations Context,” Workshop on Substantive Law: Emerging Issues in Constitutional Law, Christian Legal Fellowship National Student Conference, University of Calgary, 2011
- “Employment Law Refresher–Privacy, Human Rights and Accommodation of Disabled Employees,” Miller Thomson LLP presentation, Calgary Chamber of Commerce, 2010
- “Employment Law 101 (Hiring and Termination, Employment Policies, Privacy Law and Human Rights),” Miller Thomson LLP, Client Lunch ‘n Learn, 2010
- “Privacy Issues–Emerging Technologies and Employee Surveillance,” Miller Thomson LLP Seminar, Managing Employment Issues: What’s Ahead for 2010, Calgary, 2010
- Lorman Education Services Presentation on Workplace Privacy and Human Rights in Alberta, Calgary, 2009
- “Privacy Concerns in the Employment Context,” Miller Thomson LLP Presentation, From Hot to Not: Managing Employment Relationships in a Slowing Economy, Calgary Chamber of Commerce, 2009
- “Labour and Employment Law Termination Strategies and Issues,” Miller Thomson LLP Presentation, Client Lunch ‘n Learn, 2009
- “Legal Framework for Employment Law in Alberta,” Miller Thomson LLP, Client Lunch ‘n Learn, 2008
- Member, Canadian Association of Counsel to Employers
- Member, Canadian Bar Association
- Member, Calgary Bar Association
- Member, Chartered Professionals in Human Resources of Alberta
- Member, Law Society of Alberta
Bar admissions & education
- Alberta Bar, 2007
- LL.B., University of Calgary, 2006
- B.A. (Law and Society), University of Calgary, 2003
Chief Justice of Supreme Court of British Columbia releases decision in Polygamy Reference
The Chief Justice of the Supreme Court of British Columbia released his 357 page decision in the Polygamy Reference on November 23rd following an extensive four month trial. Gerald Chipeur, Q.C., Oleh Ilnyckyj and Jill Wilkie represented the intervenor Christian...
Nicole Byres and Jill Wilkie speak at CACE conference
The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada. Nicole Byres is part of a panel discussing “Employment Ethics – Working together: In House and External Counsel.” Jill Wilkie presents on...
Jill Wilkie and Stephen Torscher will be speaking at the 3rd Mini LLB for Aboriginal Leadership Course (Federated Press), March 10 & 11, 2015 in Calgary
Jill Wilkie will be speaking on Advocacy before Administrative Tribunals at the 2nd Adjudication in Alberta Course (Federated Press), which takes place on May 5 & 6, 2015 in Calgary.
Jill Wilkie will be presenting on Employment-Related Records in Alberta on June 24, 2014.
For more information please click here.
Jill Wilkie will be presenting on Overtime and the Salaried Employee in Alberta on May 8, 2014.
For more information please click here.
Edmonton Occupational Health and Safety Seminar: What All Employers Need To Know
Tom Duke, Jill Wilkie and Dan Stachnik host a complimentary breakfast seminar on Tuesday, May 15, 2018. This seminar will focus on recent changes to the Occupational Health & Safety Act and the Workers Compensation Act. Date: Tuesday, May 15,...
Labour and Employment Update
Who Should Attend: This seminar is designed for senior corporate executives, business owners, in-house counsel, human resource professionals, and members of your management team who have a role in the employment, labour relations, and human resources management within your organization....
The Labour and Employment aspects of Agriculture
Our Session Focuses On: Immigration Update – how the changes to the immigration system and new regulations affect employers in the Agricultural sector Workplace Investigations – Tips & Best Practises for conducting workplace investigations The duty to accommodate – Employers’...
Human Rights in the Workplace: A Perspective Alberta Human Rights Commission and Tribunals
The Alberta Labour & Employment Group hosts a seminar featuring Robert Philp, Q.C., Chief of the Commission and Tribunals Location: Fairmont Palliser
Risk Mitigation for the Modern Workplace: From Cloud Commuting to Challenges on the Ground
Employment Law Refresher
Miller Thomson’s Calgary office presents an Employment Law Refresher breakfast seminar.
Suncor Saga Update: Suncor’s Random Drug and Alcohol Testing Policy will be Sent Back to Arbitration
In our last update on the ongoing legal saga between Suncor and Unifor, Local 707 (the “Union”), the majority of the Alberta Court of Appeal had upheld an injunction that prevents Suncor from carrying out random drug and alcohol testing...
Tom Duke, Dan Stachnik and Jill Wilkie are hosting an Occupational Health and Safety seminar on the topic, “What All Employers Need to Know” in Edmonton, AB on May 15th, 2018. A similar seminar will be presented by Laura Mensch,...
Alberta Court of Appeal Upholds Interim Ban on Random Drug and Alcohol Testing by Suncor
As promised in our last report on the long and winding legal road travelled by Suncor in its effort to implement random drug and alcohol testing at its mine site north of Fort McMurray, Alberta, this communique will provide an...
Checking In After a Few Months of Living with the Alberta Employment Standards Code Changes
A few months in to adjusting to Alberta’s Employment Standards Code changes, Alberta employers are continuing to review and revise existing policies and procedures to ensure they are in compliance with the new legislation. Changes with respect to general holidays...
Alberta Employers! The Ministry of Labour Needs Your Input
Alberta’s Ministry of Labour has commenced a review of the Province’s workplace legislation, the Employment Standards Code and the Labour Relations Code, and is currently seeking input from Albertans. The April 18, 2017 deadline to provide feedback is fast approaching....
Employment Law 101: Enforcement of Restrictive Covenants
Earlier this year, the Honourable Mr. Justice W.A. Tilleman of the Court of Queen’s Bench of Alberta was called upon to determine whether an injunction was appropriate due to an alleged breach of restrictive covenants, non-competition and non-solicitation clauses, in...
Part 2: Update on the Calculation of Reasonable Notice in an Economic Downturn
The calculation of reasonable notice will always be an issue where there is no express termination provision in the employment contract. This calculation grows increasingly complex with the addition of economic stress. The employer has a common law duty to...
Part 1: Changes To Terms Of Employment In An Economic Downturn
During the current recession, employers may be tempted to make substantial changes or dismiss a portion of their workforce to reduce operating costs. Even with preparation, both of these options expose employers to damages for constructive dismissal. Constructive dismissal occurs...
New Minimum Wage Rate in Alberta to Take Effect on October 1, 2015
Employers must ensure that their employees in Alberta receive at least the minimum wage rates set out in section 9 of the Employment Standards Regulation (the “Regulation”). During its 2015 provincial election campaign, the Alberta New Democratic Party (“NDP”) made...
Calculating Reasonable Notice 55 Years after Bardal – Responding to Economic Realities
Determining the appropriate length of reasonable notice has always been more of an art than a precise calculation. The main objective of a notice period is to appropriately support an employee after termination as the employee searches for alternate employment. ...
Lawson Products acquires The Bolt Supply House
Counsel to Lawson Products, Inc.
Plains Oil acquired by Alstar Oilfield Contractors
Counsel to Plains Oil Ltd.