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George Avraam practices trial and appellate litigation. As part of his practice, Mr. Avraam has represented employers whose employees and former employees have engaged in significant misconduct, including committing fraud against their employers, as well misappropriating the employers confidential information or otherwise breaching their fiduciary duties. Mr. Avraam has been lead counsel in a number of cases involving employee and former employee misconduct. Mr. Avraam is certified by the Law Society of Upper Canada as a specialist in civil litigation. He was named a leading lawyer in Chambers Global 2017 for Employment and Labour: Canada, and was recommended in the 2017 edition of Legal500. Mr. Avraam has been repeatedly ranked as a leading management side labour and employment lawyer in Canada in Who’s Who Legal: Canada, and was named one of Lexpert's Rising Stars - Leading Lawyers under 40 in 2008.

We’re pleased to share Jordan Kirkness’s article, here, on the impact to employers of Bill 47, Making Ontario Open for Business Act. The article was published in today’s edition of the Globe and Mail.

If it comes into effect in its current form, Bill 47 will reverse most of Bill 148 (the previous government’s Fair Workplaces, Better Jobs Act, 2017 ). However, as Jordan points out, Bill 47 is not necessarily a win for employers. Even if Bill 47 changes employers’ statutory obligations, altering Bill 148 commitments is likely to damage employee morale and may lead to constructive dismissal claims. For further details on Bill 47, please also see here.

Publicly-traded companies headquartered in California will need to have at least one female director on their board by the end of 2019 under a new law in California. Our colleagues in the Golden State, Susan Eandi and Caroline Burnett, provide details on the new law and initiatives in other jurisdictions to address the gender gap in pay, participation and leadership, see here.

Join us on Wednesday, October 17, 2018 for an interactive seminar in our Whitespace Legal Collab in Toronto. Our talented team will share their perspectives and facilitate an exchange of ideas and best practices on hot button issues including:

  • Ensuring the workplace doesn’t go to pot
  • Bill 148: where are we now?
  • Responding to #MeToo

You’ll also hear from Peter MacKay, Partner, who will share his thoughts on the broader implications and challenges to come with the legalization of recreational cannabis. Peter joined our Firm in 2016 after serving in many senior Federal cabinet positions.

For the event details and to register, please click here.

We’re pleased to share an informative article, “Know the Joint Employer Risks Where You Operate“, authored by our colleagues Will Woods and Emily Harbison. The article outlines key developments in joint employer liability for franchisors operating in Australia, Canada and Mexico and describes a proactive approach to help mitigate against risk. It was published in the September 2018 edition of Franchising World. Follow this link for further information about how we can assist employers in this area.

 

Since NAFTA came into force in 1994, many Canadian companies established or expanded their business interests in Mexico, including Bombardier, Apotex and McCain, to name a few. With the forthcoming change in Mexico’s administration, Canadian companies with cross-border operations and domestic companies are likewise wondering what the future holds in terms of labour policy. Our colleague in Mexico City, Salvador Pasquel Villegas, sheds light on what to expect here.

The Ontario Superior Court recently pronounced that alleged acts of workplace sexual harassment, including alleged incidents occurring in the workplace, are not connected to employment but are separate matters: Watson v. The Governing Council of the Salvation Army of Canada. Further, the Court held that the employer’s release did not bar claims based on these allegations. Continue Reading Does Your Full and Final Release Cover #MeToo?

Last week, the Ontario Court of Appeal released yet another decision on the interpretation and enforceability of termination clauses: Amberber v. IBM Canada Ltd., 2018 ONCA 571. Recent appellate decisions on this issue have been inconsistent and/or provided less than clear guidelines, see here, here, here and here. In contrast, Amberber is a bright spot for employers. The Court not only reaffirmed the principle that termination clauses must be interpreted as a whole, but also held that courts should not strain to create an ambiguity where none exists. Continue Reading ONCA Upholds Termination Clause and Signals to Courts to Not Create Ambiguity Where None Exists

Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found hereContinue Reading Is Your Dismissed Employee Entitled to a Bonus?

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.