By Brian P. Smeenk

How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds?

In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That decision surprisingly granted a lower-level Greater Toronto Airport Authority employee $500,000+ for past and future wages, plus damages for mental distress, pain and suffering, and punitive damages. In upholding most of the award, the court clarified the broad remedial authority of labor arbitrators. But it confirmed most of the arbitrator’s powers, at least under that agreement.

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By Maria Giagilitsis and Brian Smeenk

In a decision released earlier this week, the highest court in Canada’s most populous province, Ontario, issued a surprising ruling on workplace privacy law. The case involved criminal charges against a teacher accused of possession of child pornography.

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By Ida Martin and Brian Smeenk

The City of Mississauga was recently embarrassed by a video of two of its employees duct-taped together. They were squirming around on a table, taped by their hands, torsos, and feet. This was apparently a routine employee hazing. It was leaked to the media by an employee who had had enough. The case provides a good lesson in how employers should not handle such situations.

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Human Resources Development Canada (HRDC) reports that wage settlements in unionized companies this year (January to August 2009) have averaged 2.4 percent. The results are based on 237 agreements covering 632,000 employees. Wage adjustments are averaging 2.5 percent in the public sector and 1.9 percent in the private sector.  See www.hrsdc.gc.ca/eng/labour/labour_relations/info_analysis.

The spread between public- and private-sector settlements seems to be even larger in the last three reported months, as shown in the following table from HRDC. read more…

By Brian P. Smeenk

Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain.

As we have reported in earlier articles in Northern Exposure, there are significant differences between Canadian and American law in this area. As one arbitrator has noted, Canadians tend to have a “visceral negative reaction when the state, employers, or anyone in authority dictates to them what they can or cannot do, especially on their personal time …” There has been a reluctance to allow intrusions on individual freedoms and rights unless the necessity is clearly demonstrated.

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by Brian Smeenk

Does your company send employees into other countries? Do you employ foreign nationals in international aassignments? These situations have their own, unique complexities and legal issues. To be successful in managing its employees abroad, employers need to have an employment relationship that protects both its company and its employees. Let’s look at some of the key issues you’ll face in these situations.

1. Which company will be the employer? Do you want your American company to be the employer or should a related company in the foreign country be the employer? The answer to that question could affect which laws will apply as well as the length of service that will be recognized, applicable benefit plans, and other terms and conditions of employment.

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