2008 February | Northern Exposure

What to Do When U.S. National Security, Canadian Employment Laws Clash

February 26, 2008 0 COMMENTS

No one can deny that security concerns have taken on monumental proportions in the post-9/11 era. Buzzwords like national security, homeland security, border security, supply chain security, perimeter security, and security threats have become part of our daily vocabulary. National security is also high on the list of priorities of our respective lawmakers.

In the past several years, the U.S. State Department has become increasingly strict in its enforcement of export and transportation controls, most importantly the International Traffic in Arms Regulations (ITAR).

Releases You Can Rely On

February 19, 2008 0 COMMENTS

By Donovan Plomp
McCarthy Tetrault

Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway.

That’s exactly what Douglas L. Titus did to his former employer â€” and he won at the trial level. Thankfully for employers, the Ontario Court of Appeal overturned this decision.

Effective and Streamlined Bargaining Preparation

February 12, 2008 0 COMMENTS

by Daniel Pugen
McCarthy Tetrault

It’s been a cold, wintry start to 2008 (at least in Canada). The cobwebs from New Year’s Eve have passed and New Years’ resolutions already have been broken. As February began, the groundhog indicated six more weeks of winter and Ontario employees were counting down the days until Family Day (February 18, 2008), Ontario’s new statutory holiday.

People are back from vacation and work is in full swing. Phones are ringing, faxes are churning, e-mails are popping up on computer screens. In the midst of the hum of the office as you think of the priorities for the year ahead, it occurs to you that your current collective agreement is set to expire in 2008.

Maternity Benefits – No Legal Right for Adoptive Mothers

February 12, 2008 0 COMMENTS

By Kate McNeill
McCarthy Tetrault

Across Canada, employment standards laws provide for job-protected maternity leave for pregnant employees and parental leave for parents generally. In addition, the federal government provides financial benefits during these leaves through its Employment Insurance Act (EIA).

The Supreme Court of Canada recently declined to review an appeal of a decision of the Federal Court of Appeal that stated that the right to maternity leave and employment insurance benefits is restricted to biological mothers and excludes adoptive mothers.