ABCA Contemplates Enhanced Gatekeeping in Employee Compensation Class Action Certification
Baker & McKenzie | Canadian Labour and Employment Law
by Dave Bushuev
3d ago
Special thanks to Brendan O’Grady (a senior associate in our Litigation & Government Enforcement Practice Group) and Anton Rizor (articling student in our Toronto office) for co-authoring this blog. In Flesch v Apache Corporation, the Alberta Court of Appeal (“ABCA”) upheld the certification of an employee class action arising out of the cancellation of long-term incentive compensation plan. This case is significant because the court discussed its gatekeeping function in the certification of class actions, and it serves as a warning to employers who seek to amend or cancel incentive plans ..read more
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Top Canadian Labour & Employment Law Developments of 2022
Baker & McKenzie | Canadian Labour and Employment Law
by Andrew Shaw, Dave Bushuev, Rono Khan and Juliette Mestre
1w ago
To wrap up 2022 and prepare for 2023, we highlighted key developments in Canadian labour and employment law: 1. COVID-19 Update Workplace Vaccination Policies Mandatory vaccination policies remained a prevalent issue in 2022. The first decisions to provide guidance on this topic came out of unionized workplaces, with many upholding vaccination policies. In Toronto District School Board v CUPE, Local 4400, Arbitrator Kaplanupheld the employer’s vaccination policy which stated that unvaccinated employees would be placed on unpaid leaves of absence. Arbitrator Kaplan found that the policy was a r ..read more
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Annual Canadian Employer Update: Reflecting on 2022 and Strategizing for 2023 (Webinar)
Baker & McKenzie | Canadian Labour and Employment Law
by Jennifer Bernardo, Jeremy Hann, Andrew Shaw, Ajanthana Anandarajah, Dave Bushuev, Matthew De Lio, Rono Khan, Junaid Malik and Juliette Mestre
2w ago
The new year brings new challenges for employers. Join us as we take stock of changes over the last year and strategize for what’s on the horizon.  In our 75-minute “quick hits” format, we’ll help Canadian in-house counsel and human resources leaders track what to keep top-of-mind for 2023. We’ll also provide practical takeaways to help navigate the new landscape. Among other topics, we will cover: COVID-19 case law updates on vaccinations, masking and workplace health and safety policies Terminations, reductions in force and ways to reduce employer liability in a changing ec ..read more
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2023 Litigation Forecast: Prepare Now For Storms Ahead
Baker & McKenzie | Canadian Labour and Employment Law
by George Avraam
2w ago
In 2023, uncertainty is the new certainty, with the economic cycle replacing Covid-19 as the main driver of instability. Experience, along with the insights we’ve gathered from more than 600 senior lawyers at large corporations across the globe, point to an anticipated rise in employment disputes. Organizations should proactively identify risk and involve dispute practitioners as early as possible to mitigate the impact of this rise in complaints. Uncover the outlook in our sixth annual report, The Year Ahead: Global Disputes Forecast 2023. Featuring results from our global survey of 600 ..read more
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For Your Consideration – Update Employment Agreements Before End of Year Bonuses
Baker & McKenzie | Canadian Labour and Employment Law
by Andrew Shaw, Dave Bushuev and Rono Khan
1M ago
As we near the end of 2022 and bonus season is right around the corner, now is a great time for employers to review and update their employment agreements. In order to make changes to an existing employment agreement, the employer must give the employee “consideration.” Without consideration, the changes would not be enforceable. Consideration can come in many different forms, but is generally a benefit that the employee would not have received had they not signed the amended employment agreement. Typically, it comes in the form of a one-time payment, an increase in salary or hourly wage rate ..read more
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Immigration Compliance Changes – Are you Ready?
Baker & McKenzie | Canadian Labour and Employment Law
by Andrew Shaw
1M ago
Special thanks to Sarah Adler, Immigration Legal Counsel, and Simran Nandha for their assistance with this blog. Further to the increased compliance requirements from Employment and Social Development Canada (ESDC) and Immigration, Refugee, and Citizenship Canada (IRCC) on all employers which commenced on September 30, 2022 (Government of Canada strengthens protections for temporary foreign workers as new regulations come into force – Canada.ca), IRCC has now incorporated these requirements in its regular audits on employers engaging in the Temporary Foreign Work Permits program in Canada.&nbs ..read more
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Sexual Abuse Legislation for Ontario Colleges and Universities Carries on Second Reading
Baker & McKenzie | Canadian Labour and Employment Law
by Dave Bushuev and Juliette Mestre
2M ago
Summary On November 14, 2022, Bill 26 – Strengthening Post-secondary Institutions and Students Act, 2022, passed second reading in the Ontario legislature. If passed, Bill 26 will be effective on July 1, 2023, and will transform how post-secondary institutions and private career colleges address sexual misconduct by faculty and staff. Bill 26’s key changes will be: Sexual misconduct will be defined as: (a) physical sexual relations with a student, including touching of sexual nature or behaviour or remarks of a sexual nature toward a student, or (b) reprisals or threat of reprisal for rejecti ..read more
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Canadian Employers: Comply or Face Criminal Liability on No Poach and Wage Fixing Agreements (Video)
Baker & McKenzie | Canadian Labour and Employment Law
by Dave Bushuev and Andrew Shaw
2M ago
Special thanks to Arlan Gates and Justine Johnston. Amendments to the Competition Act that come into force on June 23, 2023 will make it a criminal offence for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada. In this In Focus video, our Labour and Employment and Competition and Foreign Investment Review lawyers discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect. Click here to watch the video ..read more
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Ontario Court of Appeal Confirms Employers May be Liable for Longer Notice Periods During COVID-19 and (Possibly) Beyond
Baker & McKenzie | Canadian Labour and Employment Law
by Andrew Shaw
2M ago
In September 2022, the Ontario Court of Appeal in Pavlov v. The New Zealand and Australian Lamb Company Limited (“Pavlov“) confirmed that an employer may be liable for a longer notice period, even for a short-term employee, based on prevailing economic factors beyond the parties’ control. In this case, it was COVID-19. Background Phillip Pavlov was hired by The New Zealand and Australian Lamb Company Limited (“NZAL Co.”) as their Director of Marketing and Communication on June 12, 2017. Pavlov’s employment was terminated on May 28, 2020. As a result, Pavlov brought an action for damages for al ..read more
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Deemed Infectious Disease Emergency Leave Comes to an End in Ontario: Impact on Temporary Layoffs
Baker & McKenzie | Canadian Labour and Employment Law
by Andrew Shaw
3M ago
Background In May 2020, the Government of Ontario first introduced O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”). The Regulation provided employers with temporary relief from the notice of termination and severance pay obligations under the ESA during the COVID-19 period. The Regulation first defined the COVID-19 period as March 1, 2020 to September 4, 2020, but this has since been extended a total of five times. During the COVID-19 period, a non-unionized employee was deemed to be on an unpaid infectious disease emer ..read more
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