In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court of Appeal found that the arbitration clause was a prohibited contracting out of Ontario’s Employment Standards Act, 2000 (ESA). Continue Reading Ontario Court of Appeal Invalidates Arbitration Clause Requiring Arbitration in Foreign Jurisdiction
Christopher Burkett is an experienced trial advocate, having appeared before a variety of administrative tribunals, at all levels of trial court, and the Court of Appeal for Ontario. Mr. Burkett's broad litigation and advocacy practice specifically focuses in the areas of labour and employment law, administrative and public law, professional discipline, corporate anti-bribery compliance, and criminal matters. Prior to joining Baker McKenzie in 2011, Mr. Burkett was an Assistant Crown Attorney, where he was the lead prosecutor on numerous criminal trials; including serious commercial fraud prosecutions. Mr. Burkett's experience extends to matters involving internal investigations, administrative tribunals, judicial review applications, injunctions, trials, and appeals.
With the newly elected PC majority government, change is the one certainty that Ontario employers can expect. The specifics of what the change will look like have not been spelled out since the PC five-point platform did not touch on areas that directly impact employers. We can nonetheless anticipate that this government will consider initiatives to improve the competitiveness of Ontario businesses, such as the following: Continue Reading The Big Blue Machine Returns: What’s Next for Employers
Recent polling suggests that the June 7th Ontario election is a hotly contested race with the NDP currently holding a lead in the polls and the PCs in second place. We are closely monitoring the election developments to keep you informed as to what a new government will mean for Ontario employers.
Below we outline the NDP’s proposed reforms to employment and labour laws. If pursued, the NDP’s proposed initiatives set out in their platform will significantly impact employers and go well beyond the changes recently introduced by the Ontario government under Bill 148. Continue Reading Another Orange Crush? What to Expect from an NDP Government
Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared. Continue Reading Corporate Compliance Takes a New Turn
Baker McKenzie is partnering with The Globe and Mail for the Solving Workplace Challenges 2018 conference, a dynamic, half-day learning event. Three panels of experts will provide recommendations and practical strategies for some of the most pressing issues facing employers today, including mental health, marijuana in the workplace and building employee resiliency.
Chris Burkett will be speaking on a panel on workplace policies moderated by Sean Stanleigh (Globe and Mail), Daniel Lublin (Whitten Lublin), Jessica Antoine (Purolator) and others.
The conference is on March 20, 2018 at The Globe and Mail’s new headquarters at 351 King St. East in Toronto. For more details and to register, follow this link.
The date set for the legalization of marijuana in Canada is now just over 7 months away. With legalization looming and the holiday season upon us, it is now more important than ever for employers to take proactive steps to respond to the changing legal and social landscape. Continue Reading Dazed & Confused: Navigating Marijuana in the Workplace
We have written over the past two years about a growing wave of significant lawsuits in Canada against corporations for alleged international labour and human rights violations in their overseas operations or supply chains. As we have reported, Canada’s judiciary is demonstrating a willingness to expand their jurisdictional reach to permit such claims to proceed. Canadian judges are keeping an open mind as to whether a novel duty of care exists between multinational companies and the upstream foreign supply chain workers or the local residents affected by their operations. Continue Reading Door Still Open? Canada As Safe Harbour For Multinational Human Rights Litigation
A lawsuit brought by several Guatemalans for alleged damages suffered during a 2013 protest at the Escobal silver mine in San Rafael Las Flores has cleared a final hurdle and will now proceed to trial in British Columbia. Continue Reading BC Trial on Alleged Human Rights Violations by Canadian Mining Company in Guatemala Can Proceed
Random drug and alcohol testing for most Toronto Transit Commission (TTC) employees can proceed following a decision of Justice Marrocco denying the ATU Local 113’s application for an injunction earlier this week. The ruling permits the TTC to test 10,000 of its 14,000 employees, including those deemed to be in “safety-sensitive” jobs, as well as those in designated management positions and all executives (including CEO Andy Byford) under the TTC’s Fitness for Duty Policy (the Policy). Continue Reading ‘Breathe Here’ – Toronto Transit Commission Can Randomly Test Employees
Baker McKenzie is proud to have sponsored the Washington DC premiere of the film “I am Jane Doe” on February 7, 2017. The film is a highly anticipated documentary chronicling an ongoing battle against the trafficking of minors. The Washington premiere was part the McCain Institute’s 2nd Annual Human Trafficking Symposium. Baker McKenzie’s Peter MacKay welcomed the audience followed by Cindy McCain, who provided opening remarks. There was a post-film panel discussion with US Senators Heidi Heitkamp, John McCain, Claire McCaskill and Rob Portman, and the film’s director, Mary Mazzio, with broadcast journalist Perri Peltz acting as moderator. The Canadian premiere of the film is planned for Toronto in March.
For more information about the film, please follow this link.