Full title. Globalisation and a transnational labour environment impact on the ability of the employer to regulate or manage a labour force that is based in different countries. Request from library staff), The Great Canadian Debate: On November 26, 2013 at the Canadian War Museum, in an debate hosted by the Macdonald-Laurier Institute and moderated by the Hon. Part A: back-to-work, wage restraint and suspension of collective bargaining. - Non-apparent disabilities and the duty to accommodate The impacts of whistleblowing bibliography (2016) with links to academic articles. - Compensation Planning Outlook reports annually on the results of a survey of 411 organizations and identifies human resource management and collective bargaining issues. SSRN, January 25, 2014: Slinn, Sara, Non-Union Employee Representation in the Royal Canadian Mounted Police: Resistance and Revitalization (January 25, 2014). If impasse is reached the employer may then implement the changes. Peykov, Pavel (2003). In the authors view, labor and management too often view their … Fudge, D. (2006). Protected Concerted Activity Sociological analysis therefore has to assist in understanding the patterns of labour in the area targeted for intervention so that conflicting demands on labour can be taken into account. [Lancaster House], Lancaster House Construction Industry Labour Law Conference 2014. HR Daily Newsletter. Law of Labour Relations, Law in the Workplace, and Labour Arbitration (IRE 1270, IRE 1338, and IRE 1260) This subject guide is meant to assist students, particularly those enrolled in IRE 1260, IRE … Employment Law and the New Workplace in the Social Media Age , Toronto : Irwin Law, 2013. "Privacy Legislation and its Impact on Arbitration: A Management Perspective", by David Corry. Lancaster House Labour Arbitration Conference 2014. Toronto: Lancaster House. The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations. New York : Routledge, 2014. Ontario Human Rights Commission, December 8, 2016. From consent to coercion: The assault on trade union freedoms. You can view the debate on CPAC, Ottawa Citizen, November 26, 2013: Should the public service have the right to strike? Tumblr search: work&labour news&research: sex workers, “The court’s willingness to spend its political capital on the protection of prostitutes, by striking down laws with roots that go back decades, and even to pre-Confederation days, sends an unmistakable message to the Conservative government: Any new laws would have to “take seriously the safety concerns of people who are engaged in sex work,” said Elaine Craig, a law professor at Dalhousie University.” from The Globe and Mail, December 20, 2013: “Reach of unanimous ruling extends beyond prostitution issue,” by Sean Fine, Canada (Attorney General) v. Bedford, 2012: A legal challenge to Canada's prostitution laws, (see also Social Media page in this research guide). He represents employers in collective bargaining, arbitrations and union avoidance techniques in a myriad of factual settings before the NLRB, National Mediation…. (4th) 294 (Francis), Canadian National Railway and CAW, Local 100 (Workplace Alcohol and Drug Policy) Re (2013), 230 L.A.C. SCC 'ambivalent' on debate over labour rights as human rights. Anaka, L., & McLeod, K. (2012). The regulation of labour in the workplace is never an easy task but it is even more complex and challenging if it has to take place across national borders in a globalised world. (1995). ), Title of book (pages of chapter). When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations. The labour movement in Canada has been under tremendous pressure in recent years. The Saga Continues. Even one employee, however, who refuses to work due to health and safety concerns in the workplace related to COVID-19, may be protected under §502 of the Labor Management Relations Act (§502). Paid sick leave for part time employees is calculated based on the average number of hours an employee works over a two-week period. The Saskatchewan Way: Help us protect Saskatchewan workers and their families: Government is rushing through labour changes in this spring’s legislative session that will tilt the playing field drastically in favour of employers. Panel 2: Game-Changers: Recent Decisions You Need to Know About (request from CIRHR Library staff) RT Blog Rubin Thomlinson LLP , October 21, 2016: No More Clarity on Family Status, Borden Ladner Gervais LLP, October 2016: What is the Test for Family Status Discrimination? ", Collective Bargaining in the Public Sector: Comment, legal challenge to Canada's prostitution laws, New challenges for old laws: B.C. The SCC's Decision in Fraser: Stepping Forwards, Backwards, or Sideways? Ontario (Attorney General) v. Fraser, 2011 SCC 20, , Ontario Human Rights Commission, December 8, 2016: “Ontario Human Rights Commission Strategic Plan 2017 – 2022: Chief Commissioner’s message: Human rights at the crossroads,” by Renu Mandhane, Chief Commissioner of the Ontario Human Rights Commission, Ontario Human Rights Commission, December 8, 2016: “Putting People and their Rights at the Centre: Building Human Rights Accountability: Ontario Human Rights Commission Strategic Plan 2017 – 2022″ (28 pages, PDF), The Report of the Ontario Human Rights Review 2012 by Andrew Pinto, Watershed LLP, November 16, 2012: Ontario Government releases Pinto Report (Pinto Report described and explained), Looking Forward: Some Considerations Post Pinto Report on Building a Culture of Human Rights Compliance, (2012) by Mary Cornish and Jen Quito (19 pages, PDF), Canadian Human Rights Commission Archived Publications, See the Tumblr: work&labour news&research for the latest on: cannabis (or marijuana) and the workplace, Fitzgibbon Workplace Law, January 2018: Marijuana and the Workplace, The Conversation, January 10, 2018: “Eating weed gummies at work? Toronto : Wolters Kluwer. Additionally, a force majeure provision in the collective bargaining agreement may permit employers to take unilateral immediate action in the event of compelling economic exigencies, which are extraordinary, unforeseen events with major economic impacts. Accommodation Issues in the Workplace. Mounted Polic Association of Ontario v. Canada (Attorney General), 2015 SCC 1 (CanLII), Norton Rose Fulbright, March 2016: Employment and Labour Update: a year in review, Top 10 Employment and Labour Law Cases in 2014 from the Cassels Brock & Blackwell's Employment and Labour Group, Lancaster House Audio Conferences, 2015: we DO NOT have access - but the list of topics and there description is useful for choosing a topic. The current pandemic is rapidly spreading throughout the country resulting in declarations of national and state emergencies, government directives to close businesses and government agencies, and the imposition of lockdowns in some areas of the country in an attempt to slow infection rates. (1992). Panel 1: The Impact of the Metron Case on Health and Safety Prosecutions and Other Major Caselaw Developments (request from CIRHR Library staff). Saskatchewan Institute of Public Policy. He focuses his practice on assisting school districts, colleges, universities and healthcare clients through complex labor and employment matters such…. Knight, J. Finding a reliable babysitter – now an employer issue, by Michelle McCann. Missteps in effectuating these major changes can lead to violations of the NLRA and an increase in the incidence of workers refusing to work. by Ivan Israelstam | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act. In Kuttner, T. Facebook and Workplace Privacy: New Developments and Implications for Businesses, Centre for Free Expression at Ryerson University, March 2017. With regard to emergency family and medical leave, employers must provide up to 12 weeks of job protected leave for employees who have been employed for at least 30 days by the employer providing the leave and who are unable to work or telework due to child care demands related to school closure or unavailability of a child care provider due to a public health emergency related to COVID-19.The initial 10 days is unpaid unless the employee elects to substitute accrued paid vacation, medical, personal or sick leave. About online privacy and data collection. Description: 1 online resource (390 pages) : Num. The impact has spread to a number of other industries. Management in India. On March 18, 2020, the White House signed into law the Families First Coronavirus Response Act which provides emergency paid sick leave and emergency paid family and medical leave to workers of employers with 500 or fewer employees and covered public sector employers. Circuit Strikes Down NLRB Duty to Bargain Requirement, American Arbitration Association, Dispute Resolution Services Worldwide, Building & Construction Trades Department, AFL-CIO, Missouri Labor | State Board of Mediation, Occupational Safety and Health Administration, U.S. Department of Labor Office of Labor-Management Standards (OLMS), USC : Title 9 ARBITRATION | LII / Legal Information Institute, Ten Policies Every Employer Should Have in its Handbook, Missouri Supreme Court to Decide Constitutionality of Public Labor Reform Law, Understanding Employers’ Right to Impose Limits on Political Activities in the Workplace, Ninth Circuit: Court Decides Threshold Arbitration Issue Absent Clear and Unmistakable Evidence, Long Awaited – Abusive Conduct Is Not Protected Activity, Technology, Manufacturing & Transportation Industry Insider. Employers must analyze the circumstances to determine whether the employee’s refusal to work is protected. Do the sentences create an unsatisfactory precedent that will deter criminal prosecution for health & safety violations resulting in employee deaths?" A formidable advocate with years of experience, Jon helps guide education and healthcare clients through a broad range of labor and employment matters. 397 p. (available for 3 hour short-term loan in the CIRHR Library) E-book. Accommodation Issues in the Workplace. Appendix II: legislation restricting collective bargaining and trade union rights in Canada, 1982-2006. Focused on implications of Canada's aging population for pensions, benefits and workplace human rights. 1989. Voyager ID. When faced with concerns and refusals to work, employers should consider the risk of exposure associated with the type of work; control and preventive measures undertaken in the workplace; if relevant, personal protective equipment; training provided to employees and compliance with safety and health authorities. Prognosis, Problems and Concerns", by Brian Etherington, "ILO Law and the Right to Strike", by Jean-Michel Servais, R. v. Metron Construction Corporation and R. v. Swartz: "How will the criminal conviction of Metron Construction and its directing mind affect prosecutions for workplace health and safety violations? By Michael Levenson. Aurora, Ont: Garamond Press. 130 St. George St.,Toronto, ON, M5S 1A5 Panel 3: Public Sector Bargaining: The Implications of Government Involvement (request from CIRHR Library staff), Federal Back to Work Legislation 1950 to date, Journal of Parliamentary and Political Law, March 2012: "Striking Out: The New Normal in Canadian Industrial Relations?" (table: Back-to-work legislation in the public sector 1987-1993, p. 436 - unpublished data from Labour Canada), Enman, S.R. The National Labor Relations Board said the settlement with unionized broadcast technicians was the largest monetary remedy in its 84-year history. This approach gives our clients a greater perspective and ensures forward-thinking results. Title of chapter. Berlin ; New York : de Gruyter, 1989 (OCoLC)572717166 The Saskatchewan Way: Help us protect Saskatchewan workers and their families: Labour Issues in the Provision of Essential Services, "Regulating and Resolving Public Sector Disputes in Canada", "Do Public-Sector Strike Bans Really Prevent Conflict? Canadian Occupational Health & Safety Law Dentons Canada LLP, The Globe and Mail, January 30, 2014: "Workplace Law: Legal pendulum swings toward workers" by Daniel Lublin. : Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (CanLII), Willis & Winkler on Leading Labour Cases 2014, Clearwater Fabrication GP Inc. and UA, Local 488 (Johnston), Re (2013), 234 L.A.C. COVID-19 presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective bargaining agreement. Legislative Assembly of Ontario: Bill 115, Putting Students First Act, 2012, Canadian Foundation for Labour Rights: Restrictive labour laws in Canada, International Labour Organization, 2000: "ILO principles concerning the right to strike" (64 pages, PDF). Court considers employee misuse of social media, Kim v. International Triathlon Union (International Triathlon Union), Employment Law and the New Workplace in the Social Media Age, Fired over Facebook: The Consequences of Discussing Work Online. Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors. The broad range of issues includes both mandatory subjects of bargaining and business decisions that impact the employees of the bargaining unit. Pagination. In the year 1985 CLR was started by Labour Law Agency for H.R. - Appropriate penalty for sick leave fraud Here are some key considerations and proactive measures employers can take to facilitate timely and decisive employment actions. For employers under a multi-employer bargaining agreement, the employer may fulfill its obligations under the new law by “making contributions to a fund, plan or program based on the paid leave each of its employees is entitled to,” provided that the employees are able “to secure pay from such fund, plan or program for the hours they have worked” as paid leave under the law. Labor Relations. Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors. Editor & B. In Labour Arbitration Yearbook 2012-2013 (pp. Our industry teams collaborate across practice areas to deliver in-depth solutions to the most complex business challenges. Stewart McKelvey Lawyers. If you continue with this browser, you may see unexpected results. Each posting has a synopsis of the source article, together with a link or reference to the original. A former field attorney with the National Labor Relations Board (NLRB), Terry views labor and employment cases from an insider’s perspective. We encourage you to tell us what is important to you and we will do our best to keep you abreast of such issues. "Drug and Alcohol Testing in the Workplace: A Union Perspective", by Stéphane Lacoste and Catherine Massé-Lacoste. Recent research on six current topics in industrial and labor relations is reviewed: (a) the decline in union membership in the United States, (b) concession bargaining, (c) unions and employee participation programs, (d) the effect of unions on productivity and profits, (e) dispute resolution, and (f) international industrial relations. Chapter 15: Family Status Discrimination and Accommodation. In P. Gollan, B. Kaufman, D. Taras, and A. Wilkinson, eds., Voice and Involvement at Work. (4th) 209 (S.C.C. The mining industry in particular has suffered severe labour relations instability since shortly before the Marikana tragedy, in August 2012, and the growing significance of a new mining trade union has presented very significant challenges to collective bargaining in the sector. Public sector collective bargaining in Canada: Beginning of the end or end of the beginning? Current labour market challenges. "Back To Work Legislation, Canadian-Style", Collective Bargaining, March/April 2001 (Lancaster House). Health and safety provisions relating to protection of the work environment, consultations with the union or union committee as to safety issues, use of employee teams to communicate with workers about workplace hazards and prevention and control techniques, meetings with local or national labor management committees regarding procedures to protect the workplace and to exclude exposed workers and social distancing practices; Provisions relating to employees who refuse to work or are absent due to fears about COVID-19; Attendance rules that impact workers’ pay, and enforcement provisions which may need to be reviewed and updated to provide the flexibility necessary to encourage workers to stay home due to quarantine, exposure or illness related to COVID-19; Paid time-off rules, and the types and amounts of leave employees have available or can accrue in the event of quarantine, illness, school closure or caring for a family member; Staffing rules, job classifications, changes in work schedules, and requesting employees to perform work outside of their job description in the event of a high absentee rate due to the spread of COVID-19; Wage reimbursement provisions for employees that are ill or quarantined but do not have paid sick leave or paid time off; Break and lunch periods as they relate to social distancing issues; Layoff and reduction in workforce procedures and related worker wage issues; and. 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