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Topical Articles

"Taxation of employment law damages"

Jurisdiction: - All
Sector: - All

The law firm of McMillan has pubished a useful Factsheet addressing how employment law damages are characterized and taxed. The Factsheet can be found here: "Taxation of employment law damages".

Gender bias in severance settlements, says UVIC professor Dr. Ken Thornicroft

Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.

He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.

Recently he has been studying the issue of gender bias in negotiated  and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".

On June 4, 2012, UVIC issued this news release concerning his research:

Gender Bias In Severance Settlements  read more »

"After Acquired Cause"

Jurisdiction: - British Columbia

This is not a new paper but is a new addition to my WebSource. Michael A. Watt, of Alexander, Holburn, Beaudin & Lang, wrote a paper on "After Acquired Cause" for the Employment Law Conference (Continuing Legal Education Society of BC) in May 2005. 

The paper addresses the following issues:

"10 Tips to Deal with Employee Discipline for Social Media Use"

Jack Graham and Lana Rafuse at McInnes Cooper have written a legal update for the law firm's newsletter titled, "10 Tips to Deal with Employee Discipline for Social Media Use" (March 1, 2012).

The tips are designed to assist employers in "drawing the line" on social media use and thus be in a position to discipline employees who go over the line. Taken directly from the article, their tips are:  read more »

"Is Excessive Internet Use Time Theft?"

"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.

The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

Heenan Blaikie analyses CSA's "Standard for Psychological Health and Safety in the Canadian Workplace"

In a November 3, 2011 post I reported that the Canadian Standards Association was commencing consultations on the development of a voluntary "National Standard of Canada for Psychological Health and Safety in the Workplace".

Two lawyers at Heenan Blaikie - Cheryl A. Edwards and  Shane Todd - have now published a detailed analysis of the standard that can be found here: "National Standard for Psychological Health and Safety in the Canadian Workplace Released".

The analysis was published the firm's January 24, 2012 OHS & Workers Compensation Management Update publication. 

"Accommodating Employees Who Have Made LTD Claims"

"Accommodating Employees Who Have Made LTD Claims" (undated) is the title of a paper written by Lauren M. Bernardi, at Bernardi Human Resources Law.

"Canadian Tax Implications Of Hiring U.S. Contractors To Perform Work In Canada"

Jurisdiction: - United States

Jean-Philippe Couture, a lawyer in the Borden Ladner Gervais (BLG) office in Calgary, has written an article entitled, "Canadian Tax Implications Of Hiring U.S. Contractors To Perform Work In Canada".

The article was published in BLG's Fall 2011 Labour and Employment Law News newsletter.

"B.C. Human Rights Tribunal Changes – Will They Be Enough?"

Jurisdiction: - British Columbia

The Business Council of British Columbia has published an article entitled, "B.C. Human Rights Tribunal Changes – Will They Be Enough?" (September 2011) in its Human Capital Law and Policy publication.

The article was co-written by Thomas Roper, Q.C. and Jennifer Russell of the law firm Roper Greyell.

Among other issues, it addresses the "growing dissatisfaction within some segments of the employer community regarding the work of the [BC Human Rights] Tribunal" and the study undertaken last year by the British Columbia Law Institute, at the behest of the BC Ministry of Labour, of the merits of establishing a Workplace Tribunal for British Columbia that would adjudicate all employment related disputes. 

"Non-Compete Clauses: An International Guide"

Jurisdiction: - United States

Lus Laboris has published a guide entitled, "Non-Compete Clauses: An International Guide" (May 2010).

As set out on their website , the lus Laboris alliance is comprised of member law firms in 42 countries, with coverage in more than 100 countries. Its specialisms include: individual employment contracts; collective redundancies; discrimination; expatriation; restructuring; compensation, benefits and tax; pensions; collective bargaining; workplace policies and handbooks; litigation and dispute resolution; and corporate social responsibility.

The Lus Laboris website describes the guide as follows:  read more »