Overview
Nicole Byres is the Managing Partner of Miller Thomson’s Vancouver office and a member of the firm’s National Executive Committee. Nicole’s practice is focused primarily on labour and employment, and she also does investigations and advises clients on matters relating to fiduciary obligations and governance. Thanks to her previous experience as in house counsel, business and industrial experience, and creative problem-solving style, Nicole is a trusted advisor to clients from a broad range of sectors including forest products, transportation, manufacturing, agribusiness and food production, retail and public sector organizations.
Nicole represents employers in labour arbitrations and other administrative tribunals including the Labour Relations Board and Human Rights Tribunal, and at all levels of courts in BC. She works collaboratively with her clients to provide strategic, practical advice for both provincially and federally regulated employers in the following areas:
- Labour relations: collective bargaining – strategic advice, negotiation, and drafting; labour arbitrations, labour relations and discipline; union certifications, successorship, and bargaining unit changes; essential services applications; and advice and applications regarding common site picketing, illegal picketing and strikes/lock-outs.
- Employment law: employment agreements and executive compensation; termination of employees and defence of wrongful dismissal claims; drafting and enforcement of restrictive covenants; employee issues arising from the purchase and sale of a business or business unit; employment policies including those related to code of conduct, protection of intellectual property and confidential information; management of employees with performance problems or medical restrictions; and workplace investigations, including those related to bullying and harassment complaints.
- Occupational health and safety/workers compensation: prime contractor roles and responsibilities; advice and appeals of WorkSafe BC penalties, assessments, and accident assessments; and dealing with workplace incidents and fatalities.
- Human rights, employment standards, and privacy: complaints, demands, investigations, applications, and judicial review.
Nicole also has many years of experience sitting on corporate and not-for-profit boards, and regularly advises boards on matters relating to corporate governance, board and senior leadership assessment and renewal, and fiduciary obligations of officers and directors.
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Professional achievements & leadership
- Canadian Legal Lexpert Directory, Employment Law, 2019
- The Best Lawyers in Canada, Corporate Governance Practice, 2016-2020; Labour and Employment Law, 2020
- Queen’s Counsel, 2013
- President’s Award–Teck Resources Ltd., 1997
- Past-Chair, Miller Thomson LLP’s Inclusion and Diversity Committee, and BC representative for Law Society’s Justicia Project, and Law Firm Diversity & Inclusion Network
- The Minerva Foundation for BC Women Board of Directors, 2017-present
- Vancouver Board of Trade: Women Leadership Circle Advisory Council, 2012-2014; Co-Vice-Chair, 2013-2014
- CBA, National Women Lawyers Forum — 2015 Leadership Conference Organizing Committee, 2014-2015
- CBA, BC Branch, Women Lawyers Forum Executive, Chair, 2012-2014; member, 2009-2016
- UBC Investment Management Trust Inc., Board of Directors, 2005-2009
- British Columbia Transmission Corporation, Board of Directors, 2003-2007
- UBC Board of Governors, 2002-2008
Thought leadership
- Author, “Corporate Governance” (Chapter 33A), Due Diligence Deskbook, Continuing Legal Education, 2006-2017 editions
- Co-author, chapter on BC Law and Practice, How to Hire and Fire in 99 Jurisdictions, Multilaw, 2013 edition
- Past contributor on labour, employment and diversity issues in: CBA, BC’s Bar Talk, Metro Vancouver Board of Trade’s Sounding Board, The Lawyers Weekly, Continuing Legal Education, BC, Miller Thomson’s Labour & Employment Communique and Blog.
Community involvement
- The Minerva Foundation for BC Women Board of Directors, 2017-present
- UBC Alumni Chancellor Search Committee, 2014-2015
- Ethno BC, Business Council of British Columbia, 2014-2015
- CBA, National Women Lawyers Forum — 2015 Leadership Conference Organizing Committee, 2014-2015
- CBA, BC Branch, Women Lawyers Forum Executive, Chair, 2012-2014; member, 2009-2016
- Vancouver Board of Trade: Women Leadership Circle Advisory Council, 2012-2014; Co-Vice-Chair, 2013-2014
- UBC President’s Strategic Advisory Council, 2007-2013
- UBC Investment Management Trust Inc., Board of Directors, 2005-2009
- British Columbia Transmission Corporation, Board of Directors, 2003-2007
- UBC Board of Governors, 2002-2008
Professional memberships
- Chartered Professionals in Human Resources, BC & Yukon
- Canadian Association of Counsel for Employers (“CACE”)
Bar admissions & education
- British Columbia Bar, 1983
- LL.B., University of British Columbia, 1982
- Executive Program, Richard Ivey School of Business, 1995