Employment Law Counsel — Vancouver

Marco Rossi advises employers on wrongful dismissal and labour relations at Aird & Berlis LLP in Vancouver.

With 20 years of concentrated experience in British Columbia employment and labour law, Mr. Rossi provides strategic guidance to employers across all aspects of the employment relationship — from hiring and policy development through termination and litigation. His practice encompasses both unionized and non-unionized workplaces, with particular emphasis on wrongful dismissal claims, employment standards compliance, and workplace human rights matters. He is recognized for providing practical, solutions-oriented advice that balances legal risk with operational realities.

Practice Philosophy

Mr. Rossi believes that proactive employment law management is significantly more cost-effective than reactive dispute resolution. He works closely with human resources teams and in-house counsel to develop employment contracts, workplace policies, and termination frameworks that minimize litigation exposure while respecting employees' statutory and common law entitlements. When disputes do arise, he advocates vigorously for employer interests while maintaining a pragmatic focus on commercial resolution where possible.

Core Services

• ⚖️ Wrongful Dismissal Defence — Representation of employers in wrongful dismissal claims before the British Columbia Supreme Court and the BC Civil Resolution Tribunal, including just-cause termination arguments, constructive dismissal claims, and reasonable notice period determinations
• 📜 Employment Contracts and Policy Development — Drafting and review of employment agreements, independent contractor agreements, restrictive covenants, termination clauses, and enforceable bonus and commission provisions compliant with BC's Employment Standards Act
• 🛡️ Workplace Human Rights and Accommodation — Advice on BC Human Rights Code compliance, duty to accommodate, undue hardship analysis, workplace harassment investigations, and representation before the BC Human Rights Tribunal
• 💼 Employment Standards Compliance — Audit and remediation of wage and hour practices, overtime classification, statutory holiday entitlement, vacation pay, and termination pay obligations under the BC Employment Standards Act
• 🧭 Labour Relations and Collective Bargaining — Union certification campaigns, collective agreement negotiation, grievance arbitration, strike and lockout contingency planning, and labour board proceedings under the BC Labour Relations Code

Key Consideration for Chinese Clients: Canadian employment law differs substantially from Chinese labour law in several critical respects — notably the presumption of reasonable notice (which can extend to 24 months for long-serving employees), the absence of statutory severance caps, and the enforceability of termination clauses. Chinese-owned businesses operating in British Columbia must ensure their employment contracts are drafted specifically to comply with BC common law requirements, as contracts valid under Chinese law may be unenforceable in Canadian courts. Mr. Rossi regularly advises Chinese-invested companies on adapting their employment practices to the Canadian legal framework.

Industry Sectors Served

• 📦 Technology and Digital Services — Employment structuring for tech startups, stock option and equity arrangements, and remote workforce management across provinces
• 🏠 Natural Resources and Mining — Remote site employment agreements, fly-in fly-out workforce management, and occupational health and safety compliance
• 🔍 Real Estate and Construction — Project-based employment, contractor vs. employee classification, and collective bargaining in the construction trades
• 🔒 Hospitality and Tourism — Seasonal workforce management, tip pooling arrangements, and employment standards compliance across BC hospitality operations

Dispute Resolution Approach

Mr. Rossi takes a strategic approach to employment litigation, recognizing that early settlement can save clients significant costs and management distraction. Where appropriate, he recommends mediation through the BC Mediation Roster or private mediators. However, he is also prepared to take cases through full trial where important legal principles or significant damage awards are at stake. His track record includes successful defences of complex just-cause terminations, multi-week trials on reasonable notice determinations, and precedent-setting human rights decisions at the BC Human Rights Tribunal.

Client Engagement Model

Mr. Rossi offers both reactive and proactive engagement options tailored to employer needs. For reactive matters, he provides immediate response capacity for urgent termination situations, workplace investigations, and human rights complaints, ensuring that employers receive timely guidance before making decisions that could create significant liability exposure. For proactive clients, he offers comprehensive employment law audits that review existing employment contracts, workplace policies, and termination practices against current legal standards, identifying areas of risk and recommending specific amendments.

He has particular experience advising Chinese-invested companies establishing operations in British Columbia on the differences between Chinese and Canadian employment law frameworks, including the common law presumption of reasonable notice which can result in severance obligations far exceeding statutory minimums, the enforceability requirements for termination clauses under BC law, and the human rights accommodation obligations that apply to employees with family status obligations and medical conditions. He also advises on structuring executive employment arrangements for senior Chinese managers seconded to Canadian operations, addressing tax equalization, international social security coordination, and repatriation provisions.

Strategic Advantage for International Clients

Mr. Rossi offers distinct advantages for international employers establishing or expanding operations in British Columbia. His two decades of experience in the BC employment law market have given him deep familiarity with the evolving legal standards at the British Columbia Supreme Court, the BC Human Rights Tribunal, and the Canada Industrial Relations Board. He is regularly consulted by international law firms and multinational corporations on Canadian employment law aspects of cross-border workforce management, executive transitions, and corporate restructuring involving Canadian subsidiaries.

For Chinese companies establishing operations in Vancouver or elsewhere in British Columbia, Mr. Rossi provides specialized guidance on structuring employment arrangements for locally hired staff and seconded employees from China, including the application of BC employment standards to probationary periods, overtime eligibility for managerial employees, and the intersection of common law reasonable notice with statutory termination entitlements. He also advises on the human rights implications of language requirements in job descriptions, the accommodation obligations for employees with family status obligations including elder care responsibilities common in Chinese cultural contexts, and the BC specific requirements for mass termination notices under the Employment Standards Act when workforce reductions are necessary.