Tag: Employment law

Donald Sterling: SMH

I learned something last week. If you read a youngster’s text messages, you’ll notice a complicated system of abbreviations, symbols, and symaphores that, when translated with your 7-year-old’s assistance, become more-or-less coherent English sentences. Anyway, I learned “SMH” means “shaking my head,” which is exactly what I do these days when I hear the words […]

Limiting an arbitrator’s jurisdiction to modify last chance agreements

By Mohamed Badreddine Last chance agreements are a tool commonly used by workplace parties in Canada to give an employee accused of serious or repeated misconduct one last chance to keep his or her job. These agreements are sometimes used to manage an employee’s absenteeism, poor job performance, or drug or alcohol addiction. They may […]

It’s time to take a new look at your wellness plans

by Philip Bruce Whether you have an established wellness program or are considering implementing a new one, now is a great time to review your wellness plan. Employees who are determined to lose weight for bathing suit season, quit smoking, or otherwise live a healthier lifestyle may be more inclined to take advantage of your […]

Do you want bosses or leaders? Getting the most from managers

Bosses come in various forms. Some rule with an iron hand, others take instructions from on high and then make sure the orders are carried out by underlings, and others truly inspire everyone on their team. It’s not surprising that an inspiring manager is likely the most effective, but it’s up to the HR department […]

Clip[pers] his tongue!

This past week the biggest story in the NBA was not the excitement of the first round of the playoffs, but the comments L.A. Clippers owner Donald Sterling allegedly made to his girlfriend. In an audiotape released Friday by TMZ, a man (allegedly Sterling) is heard chastising his girlfriend for associating with black people and […]

Clear offer of employment needed to argue mitigation

By Katherine Pollock Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was. Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of […]

Alternatives to H-1B status and the H-1B cap

by Leigh Cole H-1B nonimmigrant status allows U.S. employers to hire international workers in “specialty occupations” that require at least a bachelor’s degree or equivalent vocational preparation. Most H-1B applications are subject to an annual limit on H-1B approvals known as the H-1B cap.   Some employers are exempt from the cap, but most H-1B applications […]

Young workers’ innovative ‘whizness’ messes with ADEA limits for business

by John Phillips Recently, a piece I heard on NPR’s Morning Edition, “Does Business Innovation Depend on a CEO’s Age?”, while driving to work caused me to swerve from one lane to another. Fortunately, my swerve didn’t result in an accident, but it did ignite a cacophony of horns.  The NPR report dealt with new […]

Expedited union elections: The Canadian experience

By Brian P. Smeenk Many Canadian provinces have in recent years transitioned to an expedited union certification vote system. Votes typically take place within five or 10 business days of a union application. From the perspective of Canadian employers, this is better than the previous “card check” system that was in place in most jurisdictions […]