Canadian Employment Law 101 for U.S. Legal & HR includes Key differences U.S. vs. Canadian Employment Law, Background Checking, Education/Professional Certification Checks and Credit Checks.
Employment & Labour Law in Canada – An Introduction from “Eh” to “Zed”This account is closed
This presentation explores an overview of Canadian Employment & Labour Law and discusses the differences & employee systems between Canada and the United States.
Employment & Labour Law in Canada – An Introduction from “Eh” to “Zed”This account is closed
This presentation explores an overview of Canadian Employment & Labour Law and discusses the differences & employee systems between Canada and the United States.
Evelyn Sparks, Acting VP of Professional Practice at The Royal shared her tips for returning to work after taking a leave to recover from a mental illness.
Aparajitha Corporate Services Private Limited is a leading knowledge process outsourcing company offering Compliance Services. Being a market leader and national player in this domain, we have expertise in the labour legislation enacted by the central government as well as various state governments (including the union territories) and its similarities, differences and procedural nuances.
Contact: +91 9952406408
Website: www.aparajitha.com
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
Evelyn Sparks, Acting VP of Professional Practice at The Royal shared her tips for returning to work after taking a leave to recover from a mental illness.
Aparajitha Corporate Services Private Limited is a leading knowledge process outsourcing company offering Compliance Services. Being a market leader and national player in this domain, we have expertise in the labour legislation enacted by the central government as well as various state governments (including the union territories) and its similarities, differences and procedural nuances.
Contact: +91 9952406408
Website: www.aparajitha.com
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
Dear Brothers & Freshers;
This article is Specifically Prepared to Guide Indian Fresh Graduates of B.E/B TECH/DIPLOMA (Civil, Mechanical, Electrical, Instrumentation, and Chemical Engg) who are interested to get a Job & to develop Skills required to enter into EPC DESIGN INDUSTRY in Oil, Gas,Petrochemical & Power plant Projects as a Fresher.
Introduction to HR Management and HR Management Process for beginners. What is HR Management? Key focused areas under HR Management is discussed under the study.
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
When employers are faced with terminating employees in California, they often miss the numerous required notices and action steps they must take at or before the time of termination in order to comply with the law. In this presentation, Beth Arnese and I go over how to handle terminations in a legally compliant manner (not to mention as kindly and consciously as possible - which prevents lawsuits and bad karma).
Topics addressed include federal and state requirements for terminating employees, the necessary forms and notices, the California Unemployment Insurance Code, final wages, termination letters, COBRA and Cal-COBRA coverage, and severance pay and agreements.
I have summarized the Employment Standards Act into 20 slides. The content is easy to follow and using simple terminology. It will give you a quick high level information of your rights as an employee in the Province British Columbia, Canada.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
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Employment Law and Disability Insurance (Davies Howe Partners LLP)Beneplan
Toronto-based law firm Davies Howe Partners LLP presented employment and disability insurance law case studies at the Beneplan Plan Administrator's Workshop, November 21, 2014.
Join us for an Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2022.
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COVID-19 Health and Safety Issues
Equity in the Workplace
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Doing Business in Canada: People IssuesNow Dentons
In this presentation, FMC's Andrea Raso Amer and Phebe Chan, readers can get an in-depth summary about doing business in Canada. The presentation addresses issues such as Labour and Employment Law, Canadian Immigration, Business Immigration, Labour Market Opinions and Provincial Nominee Programs.
Calculating Holiday Pay and Overtime : Employment Law Presentation by IBBIBB Law
Employment law seminar: A helping hand with holiday pay
For employment law advice for businesses and HR Managers visit: http://www.ibblaw.co.uk/service/employment/employment-law-businesses
We recently reported on the EAT’s decision in Bear Scotland which confirmed that aspects of overtime should be included for the purpose of calculating holiday pay (even where workers have “normal hours of work”). Following on from that you are invited to attend our seminar which will cover:
1. A brief overview of relevant case law
2. Some of the outstanding tricky issues such
as the impact of other types of variable
earnings (commission, bonuses) on holiday
day calculations and calculation periods
3. What should employers do with employment
tribunal claims for holiday pay?
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For employment law advice for employers on settlement agreements see: https://www.youtube.com/watch?v=t9WeOhXx6yI
For employment law advice on tribunals and employee dispute resolution see: http://www.ibblaw.co.uk/service/employment/employment-tribunals-and-dispute-resolution
For employment law advice on TUPE see: http://www.ibblaw.co.uk/service/employment/tupe
For employment law issues associated with UK, european and international mergers, acquisitions and disposals see: http://www.ibblaw.co.uk/service/employment/mergers-acquisitions
Similar to Canadian Employment Law 101 for U.S. Legal & HR (20)
Foreign Workers, International Tax and Oil & Gas Market UpdateNow Dentons
In this presentation, FMC Partner Shawna Vogel and Associate Yasmeen Nizam team up with MNP Partner David Yager and Associate Kathy Bonazew to deliver information about foreign workers, international tax and oil & gas market updates. The following topics are discussed:
- We Need Foreign Workers Now
- New Developments in Permanent Residence Applications for Workers
- State of Canada’s Oil & Gas Industry and Future Employment Needs
- Taxation in Canada
In this presentation, FMC Partners Rob McDonald and Marlon Rajakaruna describe the importance of protecting your start-up company’s intellectual property (IP). The following topics are discussed:
- Types of Intellectual Property
- Patents
- Copyright
- Trade-marks
- Other Ways to Protect IP
- Protecting Your IP in Commercial Agreements
Privacy and Security in Mobile E-CommerceNow Dentons
In this presentation, FMC’s Timothy Banks describes the important issues to consider when thinking about privacy and security in mobile e-commerce. The presentation includes a discussion of the following topics:
- Outlines for M-Commerce
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- Special Issues (address book information, online behavioral tracking and analytics, geolocation data, children, and ongoing emerging issues)
- Transparency and Accountability in Design (consent, representations and disclaimers and applying Canada’s Anti-Spam Legislation)
- The three dimensions of M-Commerce
In this presentation, FMC’s Bernard Roth outlines the current trends in energy regulatory law. The presentation includes the following topics:
- Trends in Facilities Regulation
- Alberta Non-Utility Oil and Gas Facilities
- AER Structure
- Responsible Energy Development
- Federal Budget Legislative Changes
- Federal Fisheries Act
- Navigable Waters Protection Act
- Canadian Environmental Assessment Act
- Trends in Utilities Regulation
- Performance Based Regulation for Alberta Utilities
In this presentation, FMC’s Bill Gilliland and Dan Shea discuss deal points relating to survey of deals and deal terms, including:
• Survey
• Material Adverse Change
• Non-solicitation and Superior Proposals
• Regulatory Approval Language
• Break Fees
• Expense Reimbursement
• Go-Shop Provisions
In this presentation, FMC’s Doris Bonora and Mark Woltersdorf outline the important considerations when planning before death, including:
- Power of Attorney
- Personal Directive
- Farm Tax Planning
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Risk Apportionment in the Purchase and Sale TransactionNow Dentons
In this presentation, FMC’s Leanne Krawchuk discusses risk apportionment in the purchase and sale transaction, including:
- Representations and Warranties
- Indemnity Clauses and Limitations
- Purchase Price Adjustments and Holdbacks/Escrow
- Maximize the Value Proposition
- Due Diligence
Letters of Intent - Tips and Traps for Commercial LawyersNow Dentons
In this presentation, FMC’s Heather Barnhouse discusses the purpose of a letter of intent (LOI) and the common issues with LOI. She then discusses a relevant case (IHAG – Holding A.G. c. Intrawest Corporation, 2009 QCCS 2699) and provides an overview of the lessons learned and future application.
Protect you Rights and Avoid Liability! Current Developments and Major Implic...Now Dentons
In this presentation, FMC's Margot Patterson discusses current developments and major implications for IP legal guidelines in advertising, including:
1. Changing Copyright Rules: User Generated Content
2. How Social Media is changing your marketing practices and how you protect your brand
3. Yours, Mine and Ours: Best practices for third-party content (partners & consumers)
In this presentation, FMC's Alan Hutchison discusses Preliminary Economic Assessments (PEAs) by going over the recent focus on PEAs, providing important considerations, and going through 4 different scenarios related to PEAs.
An Introduction to Legal Aspects of Customer Acquisitions for StartupsNow Dentons
In this presentation, FMC’s Gal Smolar discusses an introduction to the legal aspects of customer acquisitions for startups. The presentation focuses on customer acquisitions, acquisition contracts, trends, right to data, restrictive covenants, exclusivity, joint development and customer acquisition tips.
Gal Smolar is a partner in FMC’s Vancouver office. Gal is a Practitioner of Foreign Law and brings to Fraser Milner Casgrain his broad international experience in commercial and corporate law and in particular in the field of technology.
Update on Hydraulic Fracturing:Preparing for Gasland 2Now Dentons
In this presentation, FMC Law's Alex MacWilliam discusses hydraulic fracturing. The presentation covers the hydraulic fracturing process; the legislative and regulatory management of key issues related to hydraulic fracturing; liability issues in fracturing litigation; finally, lessons and trends related to hydraulic fracturing.
In this presentation, V. Peter Harder describes why Canada engages with China, while Rob McDonald and Margot Patterson outline the changes to copyright laws in Canada.
In this presentation, Rob McDonald and Stephen Parker discuss the following topics related to intellectual property:
- IP Due Diligence in Commercial Transactions
- Common IP Disputes that Arise in Business
- The New Copyright Modernization Act
In this presentation, Rob McDonald outlines the key amendments to the Copyright Act and explains how Canada's copyright laws will change with the new Copyright Modernization Act.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
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What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
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Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
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It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
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Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Business Valuation Principles for EntrepreneursBen Wann
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A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
3. 1. The Employment Contract
• In Canadian common law jurisdictions, every employee has a
“contract” of employment as soon as an employment offer has
been accepted.
• Important to note this can be verbal and that written terms
may not be valid if new consideration is not offered.
• The employment contract is a compilation of:
– express terms from formal agreements, offer letters, policies, plans
and handbooks; and
– implied terms from statutes and regulations and common law terms
that are implied by the courts.
• Employers cannot contract out of statutory requirements.
Employers can contract out of terms that would be implied by
the courts under common law – and are well advised to do so.
3
4. 1. The Employment Contract
• Duties of confidentiality, fidelity and good faith are implied on the part of
employees. Senior, high echelon managers may have fiduciary duties – a
heightened duty to avoid conflicts of interest, a duty not to compete
unfairly post‐termination – as well.
• Non‐solicitation and non‐competition clauses must be set out in writing as
they will not be implied. Non‐competition clauses are only enforced in
“exceptional” circumstances – shareholders, senior managers who
personify the business to the public. Reasonableness of geography,
duration and activity required for both non‐solicitation and non‐
competition covenants.
• Employment contracts, like commercial contracts, cannot be terminated
without “reasonable notice”, unless a termination provision is included.
4
5. 1. The Employment Contract
• Benefits to the Employment Contract:
– Can contract to limit liability and protect employer’s interests.
– Punitive damages awards are rare. Two part test: (a) commission of
an independently actionable wrong (e.g., defamation, conspiracy), and
(b) employer’s conduct warrants the condemnation of the court.
Awards do not exceed $100,000.
• Disadvantages to the Employment Contract:
– Individual termination awards are more expensive.
– Plaintiff lawyers look for torts to circumvent the contract. Misconduct
by employer must be egregious though.
5
6. 2. Statutory Requirements
• Under Canada’s constitution, jurisdiction over employment
law is given to the provinces, except with respect to the
federal government and certain industries with national
implications (inter‐provincial transportation, banks, telecom
companies). Presumption is that employers are regulated by
the province in which they are operating.
• Each province has its own web of statutes and regulations that
apply – including minimum employment standards; labour
relations; human rights; workers’ compensation; health and
safety and, in some jurisdictions, pay equity. Certain provinces
also have privacy legislation.
6
10. 2. Statutory Requirements
Pregnancy and Parental Leaves
• Birth mothers are entitled to 17 weeks of pregnancy leave
and 35 weeks of parental leave that runs consecutively up to
52 weeks in duration.
• Birth fathers and adoptive parents are entitled to 37 weeks
of parental / childcare leave.
• Six weeks’ post‐miscarriage or still birth.
• Two weeks’ notice required to take either leave. Two weeks’
notice required to change end date of pregnancy leave. Four
weeks’ notice required to change end date of parental leave.
10
14. 2. Statutory Requirements
Other Leaves of Absence
• Organ Donor Leave – up to 13 weeks, unless medically
extended for another 13 weeks.
• Declared Emergency Leave
• Reservist Leave – for deployment with Canadian Forces –
unlike other leaves, no entitlement to benefits continuation.
14
17. 2. Statutory Requirements
d. Vacations and Vacation Pay
• Employees accrue vacation time: 2 weeks every 12 months
of service and vacation pay. Vacation pay is calculated at the
rate of 4% of total wages. Wages is defined as including not
just salary, but bonus, commission, incentive pay and any
other monetary payment payable by an employer to an
employee under a contract of employment.
• Two problems arise with correlating to U.S. practices: (1)
wages vs. base salary, and (2) accrual during leaves of paid
vs. unpaid time.
17
20. 1. Statutory Requirements
c. Termination Without Cause
i. Statutory: mass termination obligations where 50 or more
employees terminated within any period 4 weeks or less –
automatic entitlements + Form 1 filing with MOL
Severance pay = an additional entitlement for employees
who have 5 years of service or more and whose employers
have an annual Ontario payroll of $2.5M or more. Severance
pay equates to an additional week or part thereof per
completed year of service or part thereof to a maximum of
26 weeks. Severance pay cannot be worked out and is to be
paid as a lump sum, unless the employee agrees otherwise.
20
21. 3. Termination Obligations
c. Termination Without Cause:
ii. Common law: Courts imply that the term of employment
is indefinite and may only be terminated with “reasonable
notice”. Reasonable notice invariably exceeds the
employment standards minimum. Reasonable notice is a
function of:
a. age
b. length of service
c. character of employment (position, comp)
d. prospects for alternate employment
e. if applicable, enticement.
21
22. 3. Termination Obligations
c. Termination Without Cause:
ii. Common law:
Reasonable notice is based on total compensation – i.e.,
salary, bonus, commission, stock options, benefits, etc.
Unless they have specific Canadian language, the
termination dates in bonus and stock option plans are read
as meaning the “lawful” termination date – i.e., the end of
reasonable notice, not the date on which notice is provided
to the employee.
22
23. 4. Human Rights Differences
• No over‐arching federal laws. No affirmative action legislation,
except for federally‐regulated employers. Each jurisdiction has
its own human rights statute that addresses all prohibited
grounds of discrimination and provides administrative remedy.
• Grounds under the Ontario Human Rights Code upon which
discrimination and harassment are prohibited are as follows:
race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, age, record of offences, marital
status, family status and disability.
23
24. 4. Human Rights Differences
• Now have a direct access model. Two forums:
– (1) Human Rights Tribunal of Ontario where complaints proceed
directly to mediation and then hearing. No discovery process.
– (2) Civil suit IF claiming discrimination or harassment in conjunction
with another cause of action.
• Until 2008, had a cap on damages for mental anguish at
$10,000. Now removed and although mental anguish damage
awards are creeping up, do not exceed $50,000.
• Punitive damages = atypical. Power = to put person in the
position would have been but for the discrimination – i.e.,
compensatory.
24
25. 4. Human Rights Differences
• Duty to accommodate = to the point of undue hardship, considering
health and safety and cost as well as outside sources of funding.
• 3‐step test for determining whether an employer has established, on a
balance of probabilities, that a prima facie discriminatory standard is a
bona fide occupational requirement (BFOR).
1. it adopted the standard for a purpose rationally connected to the
performance of the job.
2. it adopted the particular standard in an honest and good faith belief that it
was necessary to the fulfilment of that legitimate work‐related purpose.
3. the standard is reasonably necessary to the accomplishment of that legitimate
work‐related purpose – i.e., it is impossible to accommodate without
imposing undue hardship upon the employer.
25
26. 4. Human Rights Differences
Definition of Disability:
a. any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or
illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, a brain injury, any
degree of paralysis, amputation, lack of physical co‐
ordination, blindness or visual impediment, deafness or
hearing impediment, muteness or speech impediment, or
physical reliance on a guide dog or other animal or on a
wheel chair or other remedial appliance or device,
26
27. 4. Human Rights Differences
Definition of Disability:
b. a condition of mental impairment or a developmental
disability,
c. a learning disability or a dysfunction in one or more of the
processes involved in understanding or using symbols or
spoken language,
d. a mental disorder, or
e. an injury or disability for which benefits were claimed or
received under the insurance plan established by the
Workplace Safety and Insurance Act, 1997
27
28. 4. Human Rights Differences
Definition of Disability:
• Ever expanding to include:
– migraines
– addictions: drugs and alcohol, nicotine, pornography (!) – perceived as
well as actual
– stress
– Obesity
• Pre‐employment testing for drugs or alcohol is prohibited
except, in very limited circumstances and for safety‐sensitive
positions as part of an overall policy. No automatic
withdrawals of offers are allowed, in any event.
28
30. 4. Human Rights Differences
Definition of Family Status:
• Employer’s decisions ‐ even if based on legitimate business
reasons ‐ can constitute family status discrimination if they
interfere with an impacted employee’s “substantial”,
parenting obligation.
• The case that set the standard involved a parent with a son
with severe behavioural problems that required her care and
justified her refusal to adjust her working hours.
• There is a duty to accommodate to the point of undue
hardship.
30
32. 5. Privacy
• Federally‐regulated employers and employers in British
Columbia, Alberta and Quebec have heightened obligations in
connection with their collection, use, disclosure and retention
of their employees’ “personal” information. For example,
consent must be secured to use personal information for any
purpose not originally identified, proper safeguards must be in
place, etc.
• In Ontario, employees’ personal health information is so
protected by statute and the tort of invasion of privacy has
been recognized.
32
33. 5. Privacy
• Adjudicators have imposed limits on the ability of employers
to use surveillance both within and outside the workplace.
• Privacy garners a great deal of media coverage. For example,
medical records used on a film set to mimic 9/11 and faxes
from a major bank with visa information intended to be sent
internally but inadvertently forwarded to a scrap yard in
Virginia have grabbed national headlines.
• Employees believe that they have rights, even if they
technically don’t.
33
34. 6. Unions
• 30.3% of non‐agricultural paid workers are unionized in Canada.
Approximately 17% of employees in the private sector in Ontario are
unionized. Quebec is the most heavily unionized province, Alberta the
least.
• CAW‐Canada is the largest private sector union in Canada followed by
UFCW, CEP and Teamsters.
• Ontario unions are “closed‐shops”. Once a union is certified, employees
must pay union dues whether or not they are or wish to be members as a
condition of employment, except where the employee has a religious
objection in which case that employee’s dues are donated to a charity.
• Decertification is difficult and usually only an option in the last three
months of the term of a collective agreement.
34
35. 6. Unions
How Unions Get Certified ‐ the Process
• Pre‐Application / Union Organizing:
‐ A union requires signatures on membership cards of 40% of the
members of its proposed bargaining unit in order to apply for certification
to the Ontario Labour Relations Board (OLRB).
• Day 0: Receipt of Application for Certification:
‐ The application for certification is delivered by the union to the
employer and to the OLRB. This triggers a working conditions “freeze”.
The application for certification identifies the bargaining unit sought as well
as where the vote should take place, when the vote should take place, who
should act as scrutineer at the ballot box and who should act as the union’s
agent at the counting of the ballots.
35
36. 6. Unions
• Day 1: Contact from the OLRB:
‐ The OLRB typically contacts the employer on either day 1
or day 2 to advise of its receipt of the application for
certification and to require the employer to post the
application for certification and a notice to employees
identifying that an application has been filed and a vote will be
held. The employer then is required to fax a confirmation of
posting form back to the OLRB.
36
37. 6. Unions
• Day 2: Response to Application for Certification:
‐ The employer must file its formal response to the application for
certification with the OLRB by 5:00 p.m. The response identifies challenges
to the union’s bargaining unit description, identifies the # of employees in
the unit, sets out the employer’s position on where and when the vote
should be held and who should be the employer’s representative at the
vote and the counting of the ballots. Of particular importance is that the
employer is required to provide the voter’s list for both the union’s
proposed bargaining unit as well as its own – i.e., name and classification of
each employee and if absent from work on Day 0, the expected return to
work date.
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38. 6. Unions
• Day 3 or 4: OLRB Decision Ordering the Vote:
‐ The OLRB will release its decision ordering the vote and
advising of the date, time and location. In almost all cases, the
OLRB defines the voter’s list as broadly as possible. Employees
whose entitlement to vote is disputed will have their ballots
segregated. The employer must post the OLRB’s decision and
notice to employees and to fax confirmation. In the
meantime, if there are issues regarding voter status, an OLRB
officer will contact counsel in an attempt to resolve these
issues as part of the pre‐vote consultation process.
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39. 6. Unions
• Day 5: Vote
‐ A secret ballot vote is conducted by an officer from the Ministry of
Labour. 2 scrutineers: one for the union and one for the employer sit on
either side of the officer during the vote with the voter’s list.
‐ To vote “yes” is to vote for the union; to vote “no” is to vote for the
employer / to remain union‐free. Employees whose status to vote remains
in dispute do vote and their ballots are segregated – i.e., placed in a sealed
envelope.
‐ At the conclusion of the vote, a worksheet is completed and the
non‐segregated ballots typically are counted immediately. The union
requires 50% plus one of the employees who actually vote to be certified.
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40. 6. Unions
• Post‐vote: Meetings and Hearing
‐ If necessary – i.e., the vote results have not determined
the issue – due to outstanding issues such as status disputes or
unfair labour practice allegations, these meetings are held in
the weeks following the vote.
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41. 6. Unions
Employee Communication Guidelines:
• Threats, intimidation, coercion and promises by employer representatives
are prohibited by the Labour Relations Act. The OLRB has the remedial
power to automatically certify a union, irrespective of the outcome of the
vote, where it finds employer misconduct that it otherwise cannot remedy.
• Employers are able to exercise their right to free speech, as long as it is not
found to be threatening or coercive. Employee communication, from an
employer, generally addresses the following:
‐ Provides information regarding the process and the importance of voting;
‐ Stands by its record and treatment of employees without a union;
‐ Identifies some of the negative consequences of unionization that the
union may not have disclosed such as the cost of dues, strikes, how
collective bargaining works – i.e., that nothing is guaranteed, that unions
do not preclude layoffs or provide job security;
‐ States its preference to deal directly with employees / hope that
employees will vote “NO”.
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