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Canadian Employment Law for US Employers: Part 1 – Backgrounder

US Employers' Guide to Canadian Employment LawsAre you a US employer with operations in Canada? Welcome and bienvenue to this blog series written just for you. Our Canadian virtual employment law firm advises many US employers who have employees and contractors in Canada. I love this conversation. We’re neighbours who share so many similar cultural values, pop culture references and the world’s longest unsecured border.  And yet there are fundamental differences in our countries’ respective workplace laws and workplace culture. It often catches our US employers by surprise and triggers very expensive moments in the employment relationship.

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Practical Tips and Tricks for Managing a Unionized Workforce

Practical Tips and Tricks for Managing a Unionized WorkforceWhile strikes involving high-profile unions like the recently resolved Federal Worker strike are often hot topics in the news, we rarely hear much about the day-to-day relationships between the employer and the union or how those relationships are effectively managed. In this blog, we take a step back from the high-intensity environment of a strike and provide some practical tips and tricks on effectively managing the unionized workforce and the ongoing relationship with a union.

Unionized Workplaces

The number one question I get asked by family, friends and even complete strangers when I tell them I practice labour and employment law is: “What is the difference between labour and employment law?”. Given the passion with which this question is often delivered, this seems to be a burning question on most people’s minds. Ultimately, while labour and employment lawyers all focus on workplace issues and disputes, labour lawyers handle conflicts that arise in workplaces which have a union or unions representing their workers that are bound by the terms of a collective agreement.

Labour law is often focused on helping the parties manage their relationship and find practical solutions to what are often complex problems.

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An Important Legal Update on Naloxone Kits in the Workplace

Naloxone Kits in the Workplace - An important updateLast year, Bill 88 or the Working for Workers Act, 2022 introduced a mandate under the Occupational Health and Safety Act (“OHSA”) that all Ontario’s provincially regulated employers needed to provide naloxone kits on site if there was a risk of a worker having an opioid overdose. At the time, employers were not given a specific timeline as to when they needed to comply with this legislation. Now, in an ongoing attempt to tackle the opioid crisis, firmer timelines have been implemented. 

By June 1, 2023, employers need to determine whether or not they must provide naloxone kits in the workplace, and if so, they must meet certain minimum requirements.  

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Time to Call in the Pros: When Do You Need an Employment Lawyer?

When Do You Need an Employment Lawyer?When it comes to employment law, there’s no shortage of information out there. From blogs to TikToks to YouTube videos, there’s a wealth of knowledge available at your fingertips. And let’s not forget about the government guides – they’re a great resource for staying up-to-date on the latest employment laws and regulations. While there’s a ton of information that can help employers navigate employment issues DIY, there are still situations where you really need an employment lawyer. 

Let’s be real – running a business can be a real headache sometimes, especially when you throw in all the legal mumbo jumbo. That’s where employment lawyers come in – we’re the legal experts who can help you navigate the murky waters of employment law and protect your business.

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Softer Landings Save Time, Effort and Legal Fees for Employers and Employees

termination process and employee entitlementsMany HR professionals say the toughest part of their job is employee terminations. No surprise there, and it’s usually no day at the beach for the exiting employee either. Mapping out the termination process and employee entitlements in advance will reduce the sting of terminations for both sides. 

It Pays to be Nitpicky!

Another reason to have all ducks in a row: courts have awarded additional damages for aspects of the manner of dismissal that may seem a little nitpicky. A few examples: an employer’s failure to provide a written termination letter, late statutory payments, miscalculations in statutory amounts, and inaccurate ROEs. Courts have also called employers out for failing to explain an employee’s rights in a termination letter. All the more reason for employers to tighten up their termination process and termination letter template.

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An Employer’s Guide to Managing Employees with Progressive Discipline

An Employer’s Guide to Managing Employees with Progressive DisciplineIf you’re an employer, you know that, whether you have 10 employees or 100, there is an art to managing your workforce and a well-oiled human resource process is necessary for a well-run business. You invest a lot of time and money into your employees and, understandably, expect attendance, productivity, and proper work conduct in return that will benefit your business as a whole. 

If you have employees who aren’t meeting the expectations of their role, it’s important not to have a knee-jerk reaction. Instead, progressive discipline gives both the employer and employee the opportunity to get on the same page and provides the employee with a roadmap for improvement.

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