The federal government recently implemented a more stringent compliance regime which directly affects employers using a work permit stream to hire foreign talent in Canada. New compliance and enforcement regulations are here to stay, including the most recent introduction of Administrative Monetary Penalties (AMPs) which took effect on December 1, 2015.
Continue Reading 4 Month Check-Up: Is Your Business Ready for an Immigration Inspection?
The Liberal Government recently introduced new immigration programs and initiatives in support of their stated mandate of promoting multilateralism. The Government has also highlighted the need to bolster security efforts within Canada and has introduced a new security requirement for certain foreign nationals travelling to Canada by air.
Canadian employers should be aware of the following developments:
Continue Reading Canadian Immigration Update: Top 4 Developments Employers Need to Know
In today’s rapidly changing world of workplace compliance, global organizations must not only comply with the laws of their headquarters but also the laws of the countries where their workforces and even their suppliers operate. Many seemingly compliant organizations face unseen global workplace and supply chain compliance risks, causing great concern among corporate leaders. In addition to potential harm to workers, failing to manage global workplace risks can have a significant, long-lasting impact on business strategies, legal risk profile and brand reputations. How can you help “save the day” for your company?
The Ontario Court of Appeal recently confirmed not only that dependent contractors are entitled to reasonable notice of termination, but that 26 months can be an appropriate notice period for long-service dependent contractors.
On December 3, 2015, the Ontario Legislature’s Bill 113, the Police Record Checks Reform Act, 2015, (the “Act”) received Royal Assent. The Act represents the first provincial legislation of its kind to provide a comprehensive framework aimed at establishing a consistent standard governing how a “police background check” (“PBC”) is requested, conducted and disclosed in the Province.
Join Baker & McKenzie on January 27, 2016 for the second half of a special, 2-part webinar series, which will focus on key updates in the US and around the globe. Drawing on the legal talent of Baker & McKenzie’s global employment team, the webinars will feature a panel of top lawyers discussing major developments in 2015 and trends to watch for in 2016.
Click here to register.
On December 10, 2015, Bill 109, the Employment and Labour Statute Law Amendment Act, 2015 (the “Act“) received Royal Assent. The Act introduces new labour relations provisions for two large groups of employees in Ontario: firefighters and public sector employees. Most significantly, the Act also amends the Workplace Safety and Insurance Act, 1997 (“WSIA“), increasing employer liability (retroactively, in some cases) regarding workers’ compensation claims and survivor death benefits.
Loblaws, Joe Fresh, Nevsun Resources, Hudbay Minerals, and Tahoe Resources. What do these Canadian companies have in common? They have been targeted in significant lawsuits in Canadian courts for alleged labour and/or human rights violations in their overseas operations or supply chains.
Canadian multinational corporations must take note that our courts are revealing a new willingness to expand their jurisdictional reach in light of modern commercial realities and perceived corporate impunity (see: Chevron Corp. v. Yaiguage, 2015 SCC 42), and they are keeping an open mind as to whether a duty of care exists between Canadian companies and the foreign workers who produce their products (see: Choc v. Hudbay Minerals Inc., 2013 ONSC 1414). This emerging trend in Canada is taking place against the backdrop of hardening and expanding international business and human rights standards and norms.
A key test case for this shift in Canada is the ongoing class action lawsuit against Loblaws and Joe Fresh (the “Loblaws Defendants“), which was launched by Bangladeshi garment workers in response to the well-known 2013 Rana Plaza collapse in Dhaka, Bangladesh, which killed 1,130 workers.
Franchisors who place strict controls on their franchisees may also have to answer for their franchisee’s human rights practices.
Product and service consistency is the backbone of coffee giant Tim Hortons’ successful business model. Tim Hortons, like many other successful franchisors, imposes a strict regime on its stores in order to ensure that all Canadians can get the same cup of coffee, in the same cup, regardless of where they order it. Control manifests itself through an extensive franchise agreement, detailed operations rules and regular audits of individual stores.
Continue Reading Is the price of a consistent cup of coffee shared human rights liability?
Our U.S. colleagues recently wrote a great piece about the long-awaited and much-debated decision of the National Labour Relations Board (the “NLRB”) in Browning-Ferris Industries of California, 362 NLRB No. 186, (“Browning-Ferris”) which has dramatically changed the concept of “joint employment” south of the border. U.S. employers who – on the basis of 30 years of NLRB precedent – have operated on the basis that workers supplied by temporary staffing agencies were not their employees should take heed. The rules have changed and employers will need to adapt. Readers who want a purely U.S. analysis of this landmark case can link to it here. Continue Reading Meet the New Boss…. Same as the Old Boss? Temporary Workers and Joint Employment in the U.S. and Canada
