Kristen Pennington

First Year of Call
2015 Ontario

Areas of Practice
Employment Law

Description
Kristen Pennington maintains a dynamic practice in privacy, data protection and employment law. She assists emerging and established companies across a range of industries, including manufacturing and technology, and provides insights into Canada’s distinct laws in these disciplines to support businesses entering or investing in the Canadian market.

As a Certified Information Privacy Professional / Canada (IAPP), Kristen counsels clients on a wide variety of privacy and data security issues, including cross-border transfers of personal information, preventing and responding to data breaches, and evaluating the privacy law implications of new products, services, technologies and initiatives. She helps clients develop robust privacy compliance programs, including policies governing employees’ handling of personal information, data subject rights requests and vendor management, and frequently drafts privacy policies, cookie banners, consent forms, acceptable use policies and privacy and data protection terms in an array of commercial agreements.

Working with employers, Kristen advises on employee privacy issues, including conducting background checks, developing employee privacy policies, collecting employees’ personal information during a pandemic, and selecting and engaging payroll and other service providers who handle employees’ personal information.

Experienced in all areas of employment law, Kristen advises employers on hiring and dismissals, employment contracts, performance management and discipline, employment policies, and compliance with employment standards and human rights laws.

An experienced litigator, Kristen has appeared before the Ontario Superior Court, the Ontario Court of Appeal, the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, and the Canadian Railway Office of Arbitration and Dispute Resolution, as well as at various mediations. She regularly assists employers with negotiating timely and practical resolutions to wrongful dismissal, constructive dismissal, discrimination, contractor mischaracterization and other employment-related allegations.

An area of particular expertise for Kristen is assisting employers in developing and implementing effective discrimination, violence and harassment policies and programs, and managing workplace complaints. She also provides training on workplace investigations, employee accommodation and management of conflict in the workplace.

Kristen has assisted vendors and purchasers with assessing the employment and privacy law implications of corporate transactions. She also regularly collaborates with international counsel to advise on the Canadian privacy and/or employment law considerations of multijurisdictional projects.