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
“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
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
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
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
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.
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
Highlights from our ‘Bill 148: Review & Compliance Check’ Seminar
We’re pleased to share our highlights video from our February 28th seminar in which we reviewed key changes under Ontario’s Bill 148 and provided practical guidance to assist employers in meeting the new legislative requirements. To view the video, click here.
Is Your Dismissed Employee Entitled to a Bonus?
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 here.
Continue Reading Is Your Dismissed Employee Entitled to a Bonus?