In October and November 2006, members of the United Food and Commercial Workers Local 401 were on strike and picketing at Palace Casino, located at one of Canada’s largest malls — West Edmonton Mall. Striking union members pointed a video camera at the entrance of the casino, recording the image of everyone who crossed the picket line to enter the facility.

They also took still photographs of some individuals who were crossing the picket line.  Signs placed in the area suggested that the images of persons crossing the picket line would be placed on a “CasinoScabs” website and that by crossing the picket line individuals were providing their consent for this purpose. The union also placed some of the pictures on posters and in union newsletters.

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For the last five years, two Wal-Mart big-box stores in Quebec have been the subject of certification applications filed by the United Food and Commercial Workers Union (UFCW). The first store to be unionized was located in the town of Jonquière. Wal-Mart decided to close down that operation in 2005 immediately after the union applied for binding arbitration to settle the terms of the collective agreement.

The Quebec Labor Code provides that an arbitrator designated by the Minister of Labor can impose the content of a first collective agreement. This may be done when the parties are unable to reach an agreement, after negotiation and government-assisted mediation/conciliation. In imposing an agreement, the arbitrator must decide the terms “according to equity and good conscience.” The arbitrator may also take into account the conditions of employment that prevail in similar businesses.

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One of the unfortunate outcomes of the current economic climate is that there are fewer jobs to go around for students. Summer and graduating students who have relied on summer jobs for experience and training are finding few opportunities out there.

To solve this problem, many students and graduates are reaching out to companies to offer their services on a gratuitous basis as unpaid “interns.” The mutual benefit seems obvious — especially if an unpaid internship blossoms into a full-time paying job.

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By Katie Clayton and Farrah Sunderani

If you include a termination benefit in a Canadian employment agreement, it is important to be precise. As discussed in previous Northern Exposure entries, employers in Canada must provide notice or pay in lieu of notice when terminating an employee without cause. This minimum requirement is legislated in employment laws across the country. But Canadian courts often award higher amounts, as a result of more generous judicial precedents.

Canadian courts have frequently visited the topic of an employer’s ability to limit the amount of notice they must provide to that required by statute. Can you prevent a court from awarding more? You can’t pay less than the statutory amount. The Supreme Court of Canada has ruled that any contract clause that purports to provide less is void and unenforceable. It is, however, possible to limit the notice of termination to the statutory minimum.

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By Derek Knoechel and Lorene Novakowski

Canadian provinces have workers’ compensation legislation that provides a no-fault system of compensation for injuries suffered on the job. The system covers lost wages, medical aid, and rehabilitation for the injured worker and generally removes the injured worker’s ability to sue the employer. The workers’ compensation system is funded by employer premiums that are set and determined primarily by the employer’s industry and by the individual employer’s experience in terms of accidents and claims.

In recent years, workers have claimed workers’ compensation benefits for workplace stress. The various provincial boards have been reluctant to approve stress claims except in limited circumstances. But maybe not for long. In a recent decision, the British Columbia Court of Appeal broadened the approach to mental stress claims.

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