Employers often wish to enter new or updated employment agreements with existing employees. The driving force is typically that circumstances have changed, but it can also be that the employer simply wants different or additional terms. However, the employer must give the employee valid consideration, otherwise the new or updated agreement will not be enforceable. Continue Reading A New Contract for a Current Employee? Consider the Consideration!
We’re in a period of unprecedented transformation, driven by technological development, globalization and significant demographic changes. Our world is hyper-connected, and the pace of change is rapid, bringing social and political transformation and creating profound global shifts in expectations. Global employers must evolve at speed to meet these disruptive forces head-on and to thrive in this future of work.
To help you chart your course, we’re delighted to share key messages and insights from our fourth Global Employer Forum, here, along with a short video, here, featuring Ian Goldin, Oxford University Professor and Director of the Oxford Martin Programme, in conversation with our colleague, Guenther Heckelmann, on adapting to rapid globalization and thriving in the age of discovery.
The Ontario Court of Appeal has reiterated that, barring exceptional circumstances, reasonable notice for dismissal without cause will not exceed 24 months. The Court partially overturned the lower court’s decision in Dawe v The Equitable Life Insurance Company of Canada, which also ruled on the enforceability of unilateral changes to the employer’s bonus plan. Continue Reading 24 Months Reaffirmed as the “High End” of Reasonable Notice; Bonus Plan Changes Must Be Accepted by Employee
We’re pleased to share a recent Bloomberg article by our colleagues, Benjamin Ho and Caroline Pham. Benjamin and Caroline examine what the next generation of workers, Generation Z, want from and can offer employers. To get ahead of the curve in preparing for the change that this new generation will bring, read their informative article here.
Companies doing business in Mexico can anticipate that unions will move quickly to legitimize existing collective agreements under a new government-issued protocol. Among other steps, the process entails a vote by covered employees to determine whether they support the agreement. Collective agreements must be legitimized by May 1, 2023 or they will be terminated.
We’re pleased to share a client alert from our Mexican colleagues, New Protocol in Place for Unions to Legitimize Collective Bargaining Agreements, on this important development.
We’re delighted to announce that Law360, a leading legal media platform, today named Baker McKenzie at the top of their 2019 Global 20 list, a ranking of the top 20 law firms with the greatest global reach and expertise. During the last year, we have outperformed our competition in the size, breadth and complexity of significant global and cross-border matters, and we’re proud to receive this recognition of our work. Continue Reading Sharing our Recent Accolades
Recent arbitration decisions confirm that conduct amounting to harassment or bullying will not be tolerated in unionized workplaces and that an appropriate investigation needs to be carried out in response to a complaint. The approach is consistent with decisions concerning harassment in non-union workplaces, increased legislative protections for workers and a changed social climate brought on by the #MeToo movement. Continue Reading Harassment or Blue Collar Culture? A New Standard for Shop Floor Conduct
In 2016, the Ontario Court of Appeal confirmed that dependent contractors are entitled to reasonable notice of termination. In a recent decision, Cormier v 1772887 Ontario Limited cob as St. Joseph Communications, (“Cormier“) the Ontario Superior Court of Justice extended this principle – commenting that service as an independent contractor should be considered in calculating the reasonable notice period in certain circumstances. Continue Reading Independent Contractors Entitled to Reasonable Notice on Dismissal?
In a recent decision, Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, the majority of the Supreme Court of Canada (“SCC”) held that a cleaner who had a franchise agreement with a cleaning company was actually an employee, not an independent contractor. This “employee” determination, however, was in the context of a very particular legislative regime, which applied to the specific franchise relationship. Since the cleaner offered his cleaning services in public buildings, he was covered by a collective agreement, the Decree respecting building service employees in the Quebec region (“Decree”), which sets out minimum standards in the workplace (wages, hours of work, overtime, etc.) and is governed by the Act respecting collective agreement decrees (“Act”). With the scope of its provisions being “public order”, the Decree can apply to any contract where an individual is in a relationship determined to be that of “employee” within the meaning of the Act. Continue Reading Highest Court Rules Quebec Franchisee Was Employee, Not Independent Contractor, Under Provincial Statute
We’re pleased to share a timely client alert from our colleagues in Mexico on a significant labour reform approved earlier this week by the Mexican Senate. The reform adds new legislative provisions to secure the rights of freedom of organization, freedom of association and collective bargaining, as well as introducing a new labour justice system to expedite all procedures under the Federal Labor Law of Mexico. As such, the reform is likely to have a profound effect on employers in Mexico.
For further background, see our previous client alert and the SHRM article, Mexican Congress Seeks to Reform Employer-Friendly White Unions.