Tag: Employment law

Keeping Permanent Resident Status in Canada

By Gilda Villaran In our December 20, 2010, article, we discussed the ways to become a permanent resident of Canada. In this article we will briefly explain how to keep this status. In contrast with Canadian citizenship, which in principle lasts for life, permanent resident status can be lost if the person doesn’t meet the […]

Can Workplace Surveillance Tapes Be Used as Evidence in Canada?

By Lorene A. Novakowski Another recent Canadian case dealing with collection of personal information about employees, this time through surveillance, emphasizes the importance of good employment policy language for Canadian employers. In Toronto Catholic School Board v. Canadian Union of Public Employees, Local 1280, [2011] O.L.A.A. No. 180, the question was whether surveillance tape evidence […]

Still a Disaster, Thankfully

Litigation Value: minimum $250,000 if Dwight gets the job. C’mon, let’s be honest. You watched the season finale of The Office for the same reason that millions of fans watch NASCAR. You knew a pile-up was coming. And you kind of hoped the crash would be fantastically terrible — so long as no one was […]

Exit Interviews: An Underused Tool for Protecting Your Company

HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into […]

Protecting Yourself from Canadian Labor Arbitrators’ Expanding Powers

By Brian P. Smeenk How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds? In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That […]

Straight Shooter

Litigation Value: Take out your checkbook, Jo. Major bucks to Andy for negligent retention and negligent infliction of emotional distress. Dwight should be prepared to pony up as well, since Andy will be sure to hit him with assault and intentional infliction of emotional distress claims. Andy might even find himself the owner of a […]

$1.6 Million Award to Fired Worker Who Complained of Discrimination, Retaliation

by Amy M. McLaughlin A recent decision from the Second U.S. Circuit Court of Appeals reiterates an employer’s obligation to ensure that its decisionmakers act without discriminatory or retaliatory animus. The employer in the following case allowed a decisionmaker whom it knew harbored racial animus to fire a black worker for poor performance. That move […]

Love Lost: Canadian Court Refuses to Defer Buyback of Terminated Employee’s Shares

By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]

Playing Favorites

Litigation Value:  Get out your checkbook, Dunder Mifflin Sabre. Although your chauvinistic branch manager’s episode-ending dunk may have cut short his tenure in Scranton, his presumptive (acting) successor showed little in the way of enlightened damage control last night. Jo Bennett, where are you? No matter how the Supreme Court rules in a closely watched […]

Relying on Luck to Avoid Employee Legal Claims Is Dangerous and Expensive

Here’s a case that will probably make employers feel great about their own compliance efforts. You know who you are: You train your new hires on all company policies, you have sparkling and oft-reviewed nondiscrimination, nonharassment, and nonretaliation policies, you conduct supervisory training early and often, and your folks know how to recognize potentially harassing […]