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On June 16, 2015, Bill C-525, commonly known as the Employees’ Voting Rights Act (“EVRA“), will come into force. EVRA will make some minor, but impactful, changes to the processes in which unions gain and lose bargaining rights in the federal public sector. Continue Reading No More Stacking the Deck: Employees’ Voting Rights Act Brings Changes to Federal Union Certification and Decertification Processes

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Most employers are familiar with the prohibitions against discrimination that exist in human rights legislation throughout Canada.  At the centre of the legislative web are protections for employees with disabilities which includes the right to equal treatment in employment.

But what about employees who do not suffer from disabling conditions and are simply predisposed to serious, or life-threatening, conditions? Where do they fit into the legal framework? What protections, if any, do they have in the workplace? What rights, if any, do employers have to know about their genetic vulnerabilities? In short, how do genetic markers and family medical history impact the employment relationship?

These are questions that our human rights laws will be forced to grapple with, and the outcome of ongoing debate about “genetic discrimination” is likely to impact employers across the country. While hard and fast answers for are not yet entirely clear, employers should be aware of the differing viewpoints and potential ramifications. Continue Reading It’s All in the Genes: Genetic Discrimination in the Canadian Workplace

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It could be a blizzard, a hurricane or a torrential downpour. The fact of the matter is that Mother Nature can, and will, strike; and, no matter what form it comes in, severe weather imposes challenges upon businesses of all sizes. When faced with issues like slippery or flooded roads, it can be tough to balance the needs of a business with the safety of its employees.

We often get questions from employers who are staring into the face of the proverbial tornado and trying to understand their rights and obligations. This blog will address four of the most commonly asked questions. Continue Reading Weather Permitting? Employer Rights When Faced With Severe Weather

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Many in the employer community were surprised by three recent cases (here, here and here) in which the Ontario courts struck down termination clauses in employment contracts for the failure to specifically reference the continuation of benefits through the statutory notice period under the Employment Standards Act, 2000 (the “ESA“).  The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law. Continue Reading Is Freedom of Contract Dead in Canadian Employment Law? Termination Clauses and Benefits Continuation Through the Notice Period

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Food & Agribusiness Labour Issues in 2015 & Beyond

Date: March 18, 2015 |  Time: 1:00 – 2:00 PM EST

Labour, employment and immigration topics continue to be hot button issues for companies operating in the food and agribusiness space. To help navigate recent changes, Baker & McKenzie’s top employment lawyers will discuss the following topics during our webinar on Wednesday, March 18, 2015:

  • New NLRB election rules
  • Managing the new era of social media and email
  • Union organizing of fast food workers
  • International Framework Agreements
  • Immigration regulations

Continue Reading Webinar: Food & Agribusiness Labour Issues in 2015

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(Canadian businesses with U.S. & international operations should consider this webinar, hosted by our colleagues in Palo Alto, California and Munich, Germany.)

More and more employers are adopting Bring Your Own Device (BYOD) programs as a cost-effective way to provide their workforces with the most up-to-date smartphones, tablets and laptops. As recent headlines show, these programs can open the doors to substantial data privacy risks and security breaches, as the use of personal devices for business further blurs the lines between work and private activities. What measures should employers take now to minimize these risks? Continue Reading Webinar: Do You Know Where Your Data Is? BYOD, Social Media, and Other Workplace Tech Developments

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Our regular readers will recall our previous posts (here and here) on upcoming changes to the Employment Standards Act.  On February 20, 2015, some of these changes will be coming into effect:

  • There will no longer be a limit on the amount that can be ordered for unpaid wages due to an employee.
  • Employees will have two years, rather than six months, to claim unpaid wages under the Act.
  • Employees may recover vacation pay due over the past twelve, rather than six, months.

If you have any questions about the changes, please feel free to contact our office for assistance.

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Introduction

An employee’s use of intoxicants, like marijuana, can adversely affect the work environment by:

  • compromising the ability of employees to perform their job duties;
  • threatening the health and safety of the employee and his or her co-workers; and
  • undermining the employer’s reputation.

It is no surprise, then, that employees who are found to be under the influence at work often face discipline.

Yet, the rise of marijuana as a treatment for disabling medical conditions (such as epilepsy, chronic pain or post-traumatic stress disorder) has caused this once relatively “clear” issue to become more complex. Continue Reading Going Green: Medical Marijuana and the Ontario Human Rights Code

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Our regular readers may recall our previous post regarding the case of Attorney General of Canada v. Johnstone, in which the Federal Court of Appeal established a new test for determining whether an employer has discriminated against an employee on the basis of “family status.” In the recently-released Partridge v. Botony Dental Corporation, 2015 ONSC 343, the Ontario Superior Court adopted the Johnstone test in the context of Ontario’s Human Rights Code and awarded the plaintiff $20,000 in human rights damages. Continue Reading Ontario Court Adopts Federal Test for Family Status Discrimination

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Monitoring the use of company-issued technology is controversial.  For some, the notion of monitoring employees’ use of computers, smartphones, and emails is inconsistent with personal privacy.  To others, monitoring employees’ use of technology in the workplace is both the right and the responsibility of the prudent employer.

While Canadian courts and tribunals have generally accepted that employers can monitor employees’ use of technology, the limits on the nature and scope of such monitoring are murky at best.  Employers that have already implemented some form of technological monitoring, or are considering doing so, should keep in mind that the legal landscape is evolving.  There are some best practices to consider that may help to avoid problems. Continue Reading Someone to Watch Over Me: Employer Monitoring of Company Technology