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CLE BC's "Labour Law Conference 2009"

Jurisdiction: - British Columbia - United States

I attended the BC CLE "Labour Law Conference 2009" today at UBC Robson Square. Topics covered included:

  1. Issues Arising in an Economic Downturn
  2. Prima Facie Discrimination—From Complaint to Completion
  3. The New US Regime—How Does It Affect Us?
  4. Labour Law Update

The revival of the labour movement in the United States?

Topics: - Workforce Trends
Jurisdiction: - United States

There is an interesting article in this week's The Economist (March 14-20, 2009) about the possible revival of the labour movement in the United States.

The article, entitled "In from the cold?", notes that current political/legal events in the US coupled with the change in attitudes and economic realties brought on by the recession, may provide an opportunity for unions to increase memberships and influence after decades of decline that have seen the percentage of the American workforce that is unionized shrink from 35% in the mid-1950s to about 8% today.

The positive developments on the political/legal front noted in the article include the following:  read more »

"Ten Key Differences Between Canadian and U.S. Employment Laws"

Christina Medland and Joe Vicinanza have written an article on "Ten Key Differences Between Canadian and U.S. Employment Laws" (December 11, 2007).

The authors are lawyers at Torys. The article was published in the firm's Pension and Employment Bulletin.

"Managing Employment Across Borders - Employment Law Considerations"

Jurisdiction: - Ontario - United States

David Elenbaas at McMillan Binch Mendelsohn in Toronto, has written a paper entitled "Managing Employment Across Borders - Employment Law Considerations".

The paper was written for The Canadian Institute's 6th Annual Advanced Forum on Employment Law held on October 19, 2006. The paper was written with the assistance of Emily White, Student-at-Law.

"Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals"

Murray Tevlin and Calla Nestibo have written a paper, entitled, "Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals" (February 2005). They are lawyers at TevlinGleadle Employment Law Strategies in Vancouver.

The authors state that "For the purposes of this paper, "whistle blowing" refers to employees informing authorities of suspected wrong-doing by his or her employer."

Wrongful dismissal lawsuit in Ontario stayed; arbitration clause required dispute to be dealt with in Ohio

Jurisdiction: - Ontario - United States

In Ross v. Christian & Timbers Inc., 2002 CanLII 49619, the Ontario Superior Court of Justice ruled that a wrongful dismissal lawsuit in Ontario should be stayed in light of an arbitration clause in the former employee's employment contract that required disputes to be dealt with by an arbitration in Ohio and in accordance with Ohio law.

In reaching this decision, the court stated as follows: 
 read more »