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A recent decision from the Ontario Superior Court demonstrates the overlap between civil and criminal findings, and how an employer can use a criminal verdict to recover additional damages in a civil claim. In Atlas Copco Canada Inc. v. David Hillier 2018 ONSC 1558, rendered March 7, 2018, an employer “piggybacked” off of a criminal court decision to recover an additional $20 million from an ex-senior employee who accepted payments and benefits in return for allowing a fraud to continue.

This decision highlights an employer’s possible options for fraud recovery, as well as the steep costs for employees of participating in fraudulent schemes. Continue Reading

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Canada’s national newspaper, The Globe and Mail, recently hosted its Solving Workplace Challenges 2018 conference and followed up with a full page article featuring insights from Chris Burkett’s panel discussion on pressing topics in employment law. See the excerpt below or access the complete article here. Continue Reading Cannabis@Work – The Globe and Mail features Baker McKenzie Partner, Chris Burkett

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On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act  (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows: Continue Reading Compliance Check: Do Your Pay Rates Comply with Bill 148?

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This is the final article in our three-part series on recent changes to Alberta’s labour and employment legislation. Here we outline changes to Alberta’s occupational health and safety (“OHS”) and workers’ compensation legislation resulting from Bill 30: An Act to Protect the Health and Well-being of Working Albertans. Continue Reading Alberta Strengthens Workplace Safety Legislation

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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.

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The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Today’s announcement comes on the heels of last week’s budget plan in which the federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers – see here for our article on the proposed federal legislation. Continue Reading Ontario Introducing New Pay Transparency Legislation

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The Government of Canada released its 2018 budget plan on February 27, 2018, entitled “Equality and Growth”. The budget plan proposes various initiatives aimed at improving women’s equality in the workforce and addressing the gender wage gap. The budget proposes to implement a new parental leave benefit that is likely to have an impact upon both provincially and federally regulated employers. The budget also proposes changes to the federal pay equity regime and online reporting of pay information filed under the Employment Equity Act. Continue Reading Budget 2018: New Parental Leave Benefit & Pay Equity Regime

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Bill 148: Review & Compliance Check

We invite you to join Baker McKenzie’s Employment & Compensation Group in Toronto on February 28, 2018 as we review key changes under Ontario’s Bill 148 and provide practical guidance to assist you in meeting the new legislative requirements. For the event details and to register, please click here.

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A recent decision of the Alberta Court of Appeal adds further confusion to the issue of the enforceability of termination clauses. In Holm v AGAT Laboratories Ltd, 2018 ABCA 23 (“Holm“), the Alberta Court of Appeal (“Court”) held that explicit language must be included in a termination clause to oust an employee’s common law rights. Continue Reading Alberta and Ontario Courts Diverge on Termination Clauses

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The Ontario Court of Appeal just released another decision on the interpretation and enforceability of termination clauses – the latest chapter in a less-than-clear set of guidelines. Generally speaking, a properly drafted termination clause can be used to limit an employee’s entitlements on dismissal. Continue Reading Ontario Court of Appeal Weighs in (Again) on Termination Clauses