Published by the Labour & Employment Group
McCarthy Tétrault FRANÇAIS VOL.5,
ISSUE 1
2011
April
1
Labour and Employment Quarterly

Welcome to Volume 5, Issue 1 of McCarthy Tétrault Co-Counsel: Labour and Employment Quarterly (LEQ). We have created this publication to give our clients a picture of what is going on in labour and employment law, and most importantly, what it means to you. All the authors listed, as well as all their colleagues at McCarthy Tétrault, are happy to answer your questions and discuss the issues raised in the articles. If you have any general questions or comments, please contact the Editor-in-Chief, Michael Ford or the Editor, Lisa Chamandy.



National Report

Employment and Labour Considerations in Business Transactions – Part II: Typical Labour and Employment Issues
Those who plan, structure and execute business transactions, and those with HR and Labour Relations responsibilities in the organization, must identify and understand the employment and labour issues, take appropriate steps to ensure the objectives of the transaction are met, and avoid unintended consequences. In our previous issue of the LEQ, we looked at the importance of gaining an early and complete understanding of the proposed transaction. Here in Part II, we provide a summary guide to the labour and employment issues that typically arise.
FULL STORY

Ontario Report

The Accessibility for Ontarians with Disabilities Act, 2005: Preparing Your Organization for Compliance
Within less than one year, most organizations will have to comply with the Customer Service Standard (CSS) of the Accessibility for Ontarians with Disabilities Act (AODA). The CSS applies to designated public sector organizations as of January 1, 2011. Commencing January 1, 2012, it will also apply to every other organization that provides goods or services to members of the public or other third parties and that employs at least one employee in Ontario. Simply put, most private sector employers must comply by January 1, 2012.
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Western Report

Good News for Employers: Right to Manage Sets Limits on Employee Privacy
It has been said that good things often come in threes — and for employers at least, this has recently been confirmed with the release of three arbitration decisions that support an employer’s right to manage the safety, security and efficiency of its operations through the introduction of policies relating to workplace technology, periodic police record checks, and cell phone records checks, even though these may affect employee privacy rights.
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Québec Report

Fragile Transplants: Adapting Employment Agreements to Québec
Where an employment agreement has not been properly drafted or adapted for use in Québec, problems may arise with respect to its enforceability. This is therefore an important consideration for employers on the move or with employees in several jurisdictions.
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Tips for Employers

Tips for Employers on Carrying Out Effective Discipline
When employees fail to adhere to the reasonable standards of behaviour expected by employers, one response is to take disciplinary measures. While it is certainly possible — and  appropriate in some circumstances — to combine discipline with performance management, in fact, discipline and performance management are distinct.
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Immigration Corner

Twelve Tips and Observations for Employers whose Employees Travel to Canada on Business
Employers will be interested in these 12 key observations and tips for when employees travel to Canada on business. Indeed, for employers who require employees to engage in international business travel to Canada, the border is an important venue for making applications for entry on a temporary basis in situations where a work permit is required, and for consideration under a work permit exempt category. Understanding the dynamics of border or port-of-entry processing is therefore critical.
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