We’re pleased to share a recent Canadian HR Reporter article, “Bill 66 could have ‘pretty profound’ impact on Ontario employers“, with insight from Andrew Shaw. If passed, Bill 66, Restoring Ontario’s Competitiveness Act, will amend Ontario’s employment standards, labour relations and pension benefits statutes, among other legislation, to cut business costs and streamline regulatory requirements. In particular, the Bill would eliminate the need for employers to obtain government approval for excess weekly hours of work and overtime averaging agreements. For further details on Bill 66, please also see here.
Companies Doing Business In Mexico Need To Revisit Union Relationships
As a result of a change in government leadership and recently signed laws and treaties, companies with operations in Mexico now have an important “to do” for 2019: prepare to review any unions that are “on the books” and assess compliance in this new environment. We’re pleased to share a timely client alert from our colleagues in Mexico which provides guidance on steps to take in light of this development.
Introducing the US Employment & Compensation Law Digest 2018/2019
We’re pleased to share Baker McKenzie’s US Employment & Compensation Law Digest 2018/2019. The Digest outlines recent developments in US law relevant to employers and provides insight on global trends in gender pay, #MeToo, business change, and the modern workforce. In short, it’s an invaluable resource for Canadian companies with operations in the US and/or internationally.
“Delete” Not the Right Fix for Ontario’s Employment Legislation
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.
A Seat at the Table: California Mandates Female Board Directors
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.
You’re Invited: The New Everyday of the Workplace (October 17, 2018)
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.
Joint Employer Risk in Australia, Canada & Mexico: What Franchisors Need to Know
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.
Mexico Update: What is the New Administration’s Labour Policy?
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.
Does Your Full and Final Release Cover #MeToo?
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?
ONCA Upholds Termination Clause and Signals to Courts to Not Create Ambiguity Where None Exists
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