by Brian P. Smeenk

Canada is a diverse country. Its ten provinces and three territories are endowed with varying natural resources and have developed their own industrial infrastructures and labour markets. Nevertheless, education is always a major factor in the ability to find a job.

So commences a very interesting, recently published study by Statistics Canada on variations in the Canadian labor force from province to province.  While Northern Exposure is primarily focused on labor and employment legal developments, this study warrants our stepping a little out of our comfort zone in order to keep our readers well informed. The report will make interesting reading for employers deciding on where to locate operations or how to best develop your human resources strategies for different regions in Canada.

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by Brian P. Smeenk

Wal-Mart, which has until now apparently been union-free, has had a union contract imposed on it in Quebec. The contract covers an auto center, Tire & Lube Express, which is part of a store in Gatineau, near the Ontario border. The small group of about eight employees apparently received union certification three years ago.

Under Quebec’s Labour Code, an employer may have a union contract imposed on it by an arbitrator if it is unable to reach a collective agreement with the certified union. The normal bargaining process must first have failed.

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by Brian Smeenk

On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works.

1. Complainants given direct access to tribunal
Prior to June 30, 2008, complaints in Ontario were made to the Human Rights Commission. From there, the Commission mediated and investigated complaints. At the end of that process, which took four to five years in many cases, the Commission could dismiss a complaint or send it to the Human Rights Tribunal of Ontario for a full hearing.

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by Brian Smeenk

Just as Americans are considering how much change will occur in the context of the current election season, lots of change is happening north of the 49th parallel in the labor and employment field.

Not the least of which, from the perspective of this publication, is a change in law firm affiliation. Welcome to the first entry from the firm of Fasken Martineau DuMoulin LLP. Your editor-in-chief remains the same, but he, like this Northern Exposure blog, has found a new home.

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by Karen Sargeant
former of McCarthy Tetrault

We have all heard the statistics (and it’s no surprise!) — driving while talking on a cell phone increases the likelihood of a car accident even if you use a “hands-free” set. At the same time, your employees have cell phones, iPhones, BlackBerries(R) and other personal data assistants (PDAs), which you know they use while commuting to and from work or while out and about on business. What’s worse, they may use these devices for company business, such as participating in conference calls or calling customers while driving.

Employers beware — you face significant risks under Canadian law if you allow this behavior to continue.

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