Sean Kelly

Partner and Labour & Employment Practice Group Leader

• Queen’s Marque
  600-1741 Lower Water Street
  Halifax, N.S.
  B3J 0J2
• +1.902.444.1742
• +1.902.471.5359
• +1.902.420.1417
• skelly@stewartmckelvey.com
• LinkedIn Profile

Language(s) spoken: English

Bar Admission(s): Nova Scotia, 2011; Ontario, 2023

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Legal Assistant(s): Hayden Marchand

Providing legal services through a professional corporation.

Sean practices management-side human resources, employment, labour and occupational health & safety law.  He advises a wide range of employers, from national and multinational companies to small-medium sized enterprises across a broad scope of industries, as well as clients in the public and not-for-profit sectors.

Sean holds a certificate in mental health law in support of his practice advising employers on human rights issues including accommodation & disability management, reintegration to the workplace as well as productivity and wellness strategies.  He brings a practical and proactive approach to resolving discipline and performance management issues, workplace investigations (e.g., often involving harassment and discrimination allegations), termination and severance advice, workforce reorganizations and corporate transactions, employment agreements and executive compensation as well as post-employment and restrictive covenant litigation (e.g., non-compete and non-solicitation obligations).

Sean also has a significant advocacy practice, having appeared before all levels of Courts and Administrative Tribunals in Nova Scotia, negotiating collective agreements and litigating grievance arbitrations.  He often uses mediation and other forms of alternative dispute resolution to facilitate timely, cost effective and confidential settlements.  Recent examples of Sean’s representative work include:

• Representing a regional media company before the Court of Appeal in a leading Nova Scotia case on constructive dismissal and mitigation;
• Defending a national sport organization against numerous claims by a former coach with serious reputational implications; and
• Defending wrongful dismissal claims arising out of COVID-19-related restructurings.

He is a frequent presenter on employment and labour law issues and has appeared in the media as a commentator on workplace legal issues.