Melanie D. McNaught is a partner in the firm. She joined the firm as an associate in 2003. Prior to joining the firm, Melanie clerked at the Court of Appeal for Ontario.
Melanie practises in all areas of labour and employment law. She has a particular interest in civil litigation, education law, privacy and human rights. She has represented clients before all levels of court, at labour arbitration and numerous administrative tribunals, including the Ontario Labour Relations Board and the Human Rights Tribunal of Ontario. Melanie negotiates practical and cost-effective settlements for her clients, often without the need to expend time and money on litigation.
Melanie regularly advises union and non-union employers on the duty to accommodate and responding to human rights issues in the workplace.
Melanie frequently advises employers regarding the termination of non-union employees, including appropriate severance packages. She regularly represents employers in wrongful dismissal litigation, including attending court and mediations.
Melanie represents and advises school boards on labour and employment matters, human rights (including student accommodation issues) and education law issues. She knows and understands the requirements of the Education Act and other legislation applicable to school boards. She is one of the executives of the Ontario Bar Association’s Education Law section.
Selected Publications, Presentations and Media Mentions
Canada Personal Information Protection and Electronic Documents Act: Quick Reference, 2005-2021 editions (Toronto: Carswell, 2021)
Ontario Human Rights Code: Quick Reference, 2009-2021 editions (Toronto: Carswell, 2021)
“Federal Sector Updates”, Employment and Labour Law Reporter (LexisNexis Canada: September 2021)
Quoted in The Globe and Mail, “Can your workplace mandate COVID-19 vaccinations?” (June 20, 2021): https://www.theglobeandmail.com/canada/article-can-your-workplace-mandate-covid-19-vaccinations/
February 25, 2021 – L&E Global Webinar, “Diversity and Inclusion – What is and is not allowed”
February 24, 2021 – FWTA Breakfast Seminar, “Federal Sector Update 2021”
January 12, 2021 – FWTA Breakfast Seminar, “COVID-19: Adapting to the New Normal"
November 2018, 2018 - Hospitals HR Canada, "Considering Confidentiality, Privacy Issues & Legal Liabilities"
September 26, 2018 – FWTA Breakfast Seminar, "Data Breaches: What Employers Need to Know"
CACE Annual Conference 2017, "Eyes Wide Open: Workplace Surveillance"
January 26, 2017 – International Association of Privacy Professionals, Knowledgenet, "Balancing Interests: Employee Monitoring and Workplace Privacy"