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Topical Articles

"Criminal Behaviour and other Off-Duty Conduct"

Jurisdiction: - British Columbia

Vancouver law firm Roper Greyell has published an Information Update entitled "Criminal Behaviour and other Off-Duty Conduct" (July 20, 2011), which address the question: What can you do about your employees' off-duty conduct? 

"Restructuring Employee Benefits: Options and Restrictions"

"Restructuring Employee Benefits: Options and Restrictions" is the title of a paper written by Lisa Chamzuk, a lawyer at Lawson Lundell in Vancouver.

The paper was prepared for The Continuing Legal Education Society of British Columbia course on Pension & Benefits: Critical Issues and What's Often Overlooked held on May 25, 2011 in Vancouver, BC.

An overview of the paper states:  read more »

"Changing Employment Terms—Developments in Constructive Dismissal"

"Changing Employment Terms—Developments in Constructive Dismissal" is the title of a paper that Richard E. Press of Davis LLP in Vancouver, BC prepared for the Employment Law Conference held on May 2011 (Continuing Legal Education Society of British Columbia).

The Table of Contents is as follows:

  • Constructive Dismissal-The Basics
  • Responding to Repudiation of the Employment Agreement
  • Condoning Changed Terms.
  • Non-Legal Strategies to Have an Employee Accept Changed Terms

"Pension Reform Current Issues"

Murray Gold, a lawyer at Koskie Minsky in Ontario, has recently written a paper on "Pension Reform Current Issues"(April 2011). As set out in the Executive Summary, the paper:

  • reviews Canada's retirement income system, and explains how it works;
  • looks at the Old Age Security ("OAS"), the Guaranteed Income Supplement ("GIS"), the Canada Pension Plan ("CPP") and employment based pensions, and explains how they function and work together; and
  • reviews the political parties' pension platforms in the 2011 election, and compares and evaluates them.  

"Quebec Businesses Required to Make Pay-Equity Disclosure"

Topics: - Topical Articles
Jurisdiction: - Quebec

Catherine Gagné, a lawyer at Blakes, has written an article entited, "Quebec Businesses Required to Make Pay-Equity Disclosure". The article was published in Blakes' April 2011 Labour & Employment Bulletin.

The article discusses the Règlement concernant la déclaration de l'employeur en matière d'équité salariale, which came into force on March 31, 2011 and which requires all Quebec businesses employing six (6) people or more and registered with Quebec's Enterprise Registrar to produce an annual declaration in respect of pay equity.

"Workplace Violence And Psychological Harassment: An Overview Of The Quebec Experience"

Jurisdiction: - Quebec

Anick Chainey wrote a paper entitled, "Workplace Violence And Psychological Harassment: An Overview Of The Quebec Experience".

Ms. Chainey is a lawyer at the "Commission des normes du travail", the body responsible for the implementation and application of the Labour Standards Act in the province of Quebec.

The paper was prepared for the National Administrative Law, Labour & Employment Law and Privacy & Access Law Conference held on November 26-27, 2010 in Ottawa.

It covers the following topics:

1) Overview of the applicable legislation in the context of workplace violence and harassment in Quebec

a) The Civil Code of Quebec

b) The Occupational health and safety legislatin

c) The Quebec Charter of Human Rights and Freedoms  read more »

The legal implications of engaging volunteers

Here are the three best resources I have found on the web that address the legal issues organizations in Canada should be aware of when engaging volunteers:

  1. "Volunteers and The Law" (April 2007), prepared by David Stout and Loreen Irvine, lawyers at Nelligan O'Brien Payne in Ottawa;
  2. "Volunteers & the law: A guide for volunteers, organizations and boards" (2000), prepared the People's Law School; and
  3. "Volunteers" Employment Standards fact sheet, Government of Manitoba.

Best practices guide on ciminal background checks published for US employers

Jurisdiction: - United States

The National Employment Law Project is a US advocacy organization for employment rights of lower-wage workers, It has offices across the United States and a staff of lawyers, policy experts and researchers.

Of note to US employers, the Project recently published a "Criminal Background Checks: A Best Practices Guide" (March 17, 2011), which speaks to best practices in the US context.

"Washington State Legislature Targets Bullying in the Workplace"

Jurisdiction: - United States

Jackson Lewis, a US labour and employment firm with offices across the country, posted an article last month on its website entitled,  "Washington State Legislature Targets Bullying in the Workplace" (February 15, 2011).

The article states that:  read more »

"Tax Considerations for Employment Related Settlements"

"Tax Considerations for Employment Related Settlements" (November 4, 2010) is the title of a paper prepared by Natasha Miklaucic for the Borden Ladner Gervais 13th Annual Labour & Employment Group Symposium.