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Topical Articles

"On-line Social Networking Forums: (Un)Welcome to the Workplace"

"On-line Social Networking Forums: (Un)Welcome to the Workplace" (2010) is the title of a paper written by three lawyers at Gowlings - Melanie Polowin, Bettina Burgess, and Laurence Bourgeois-Hatto.

The paper reviews, "the legal and practical issues and provides recommendations for the three main areas where on-line social networking forums impact the modern workplace:

  1. when used as a tool for recruitment;
  2. when used as a tool for marketing/selling; and
  3. when social networking becomes social notworking, or is otherwise harmful to the employer."

The Potential Competition Law Implications of Employee Hiring Practices

Mark Katz, a lawyer at Davies Ward Phillips & Vineberg LLP in Toronto, has written an article entitled, "The Potential Competition Law Implications of Employee Hiring Practices" (September 10, 2010). The paper can be found at the link below.

"Family Status: Evolving Trends and the Need for Novel Accommodation"

Two lawyers at Gowlings -Jennifer Vermiere (Vancouver) and Myriane Le François (Montréal)  - have written a paper entitled, "Family Status: Evolving Trends and the Need for Novel Accommodation" (2010).

"Interest Based Bargaining"

"Interest Based Bargaining" (August 6, 2010) is the title of an article prepared by Mark Geiger, a lawyer at Blaney McMurtury in Ontario.

The article's summary states:

This article by Mark Geiger outlines the general principles and advantages that can be derived by use of Interest Based Bargaining. It compares the principles of this approach to the more traditional 'positional' bargaining employed in many organized bargaining settings, especially in unionized collective bargaining. Mark has been involved in a wide variety of bargaining for and with physicians, teachers, the film industry, hospitals, private and public schools, other health care providers, and a wide variety of private employers including in the manufacturing, service, construction and transportation sectors. Although this approach is difficult to implement, especially where traditional positional bargaining has been the norm, he argues the results that are achievable can make the effort well worth it.

"Background Check Program a Reasonable Exercise of Management Rights"

Jurisdiction: - Ontario

Hadiya Roderique, a lawyer at Fasken Martineau in Ontario, has written a bulletin entitled "Background Check Program a Reasonable Exercise of Management Rights" (August 4, 2010).

The bulletin provides a case summary of the decision of Arbitrator Watters in Re Diageo Canada Inc. and C.A.W.-Canada, Local 2098 (January 20 2010).

"Employment Policies for First Nations Employers"

Jurisdiction: - Canada/Federal
Sector: - First Nations

Eamon Murphy and Kathryn Deo, at Woodward & Company in Victoria, have written a paper on "Employment Policies for First Nations Employers" (undated).

"Employee Share Incentive Plans"

Four lawyers at Lang Michener LLP have prepared a reference guide on "Employee Share Incentive Plans" (updated June 15, 2010). In the authors own words:

This guide provides an overview of the most commonly used employee share incentive plans and the main considerations when structuring, implementing and maintaining such incentives, including considerations with respect to securities laws, stock exchange requirements, employment law and tax. The guide also addresses selected "hot button" issues such as "backdating" and re-pricing of options as well as providing specific examples of how stock options are taxed.

"The Criminalization of Health and Safety Law: Workplace Deaths Leads to Charges"

Ontario lawyer Carl W. Peterson has written a paper on, "The Criminalization of Health and Safety Law: Workplace Deaths Leads to Charges" (June 2010). Mr. Peterson practices at Filion Wakely Thorup Angeletti LLP in Ontario.

The paper addresses Bil C-45 and covers the following topics:  read more »

"Arbitral Jurisdiction over Tortious Privacy Violations"

Jurisdiction: - British Columbia

"Arbitral Jurisdiction over Tortious Privacy Violations" (June 18, 2010) is the title of the paper that Pamela R. Costanzo and Stephanie T. Mayor, of Black Gropper in Vancouver, presented at the Labour Relations Conference - 2010.

The conference was put on by the Continuing Legal Education Society of British Columbia in Vancouver, BC. The paper:

...examines whether an arbitrator appointed under the Labour Relations
Code
would have jurisdiction to apply the BC Privacy Act, or award a remedy
under it. It examines the historical development of the arbitral jurisprudence
on breach of privacy. It also considers whether a common law tort of breach of
privacy exists, and what alternative torts, and remedies, are available to
plaintiffs who have experienced a breach of privacy in the context of
employment.

"Temporary Foreign Worker Program - Information Technology Specialists"

Sector: - Film & TV - High Tech

Jennifer Ervick, a lawyer at Thompson Dorfman Sweatman LLP in Winnipeg, has written a brief entitled, "Temporary Foreign Worker Program - Information Technology Specialists" (June 2010).

The brief highlights the fact that, "On September 30, 2010 the temporary foreign worker program for information technology (IT) specialists will come to an end (except for employers wanting to hire foreign workers for positions in Quebec)".

The brief further notes that there have been seven occupations covered by the program:

  1. Senior Animation Effects Editor
  2. Embedded Systems Software Designer 
  3. MIS Software Designer 
  4. Multimedia Software Developer 
  5. Software Developer Services
  6. Software Products Developer
  7. Telecommunications Software Designer