BOOK

Canadian Labour and Employment Law for the U.S. Practitioner, Third Edition, with 2015 Cumulative Supplement

This treatise explains Canada’s workplace laws from a U.S. perspective and highlights the key distinctions between Canadian and U.S. labor and employment law. U.S. companies with Canadian subsidiaries will find this treatise helpful. It provides summaries of labor-related Canadian Supreme Court decisions and reviews developments involving data management, surveillance, workplace harassment, and bullying.

DESCRIPTION

Main Volume Information

Canadian Labour and Employment Law for the U.S. Practitioner, Third Edition provides U.S. attorneys with a unique resource with which to evaluate workplace issues in Canada. The Third Edition of this treatise from BNA Books offers a concise explanation of Canada’s workplace laws from a U.S. perspective and highlights the key distinctions between Canadian and U.S. labour and employment law. U.S. companies with Canadian subsidiaries in particular will find this treatise extremely helpful in navigating the risks and enjoying the opportunities of operating in Canada. 

The Third Edition includes updates concerning a number of important new cases, such as:

  • Ontario (Attorney General) v. Fraser, 2011 SCC 20, in which the Canadian Supreme Court considered whether protection of the freedom of association in Canada’s constitution guarantees the process and results of collective bargaining
  • Keays v. Honda Canada Inc., 2008 SCC 39, which reversed the trend in employment law toward compensating employees for harsh termination with extended periods of severance payment
  • Wronko v. Western Inventory Service Ltd., 2008 ONCA 327, (2008), 292 D.L.R. (4th) 58, and 2008 ONCA 479, (2008), 66 C.C.E.L. (3d) 135, which together made illegal the practice of implementing a unilateral change to an employment relationship by simply giving notice of the pending change
  • McKee v. Reid’s Heritage Homes Ltd., 2009 ONCA 916, which recognized the requirement to treat contractors in a manner similar to employees at the time of termination of employment

The Third Edition of Canadian Labour and Employment Law for the U.S. Practitioner is a one-of-a-kind, indispensable reference. The treatise provides incredibly helpful summaries of Canadian Supreme Court decisions relating to labour and employment law and reviews developments in the law involving data management, surveillance, workplace harassment, and bullying.  


Supplement Information

The 2015 Cumulative Supplement includes:

  • Major developments from the Supreme Court of Canada regarding the constitutional guarantee of freedom of association, including the right to strike.
  • Union certification changes for federally regulated employers.
  • The right to dismiss without cause for federally regulated employers.
  • Developments regarding family status accommodation.
  • Amendments to health and safety legislation in Ontario.
  • The proposed Ontario Retirement Pension Plan.

 


AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Douglas G. Gilbert is a partner in Fasken Martineau, Toronto, Canada, where he practices labour and employment law on behalf of management and before labour relations, arbitration, human rights, and workers’ compensation tribunals, as well as Canadian courts.

Brian W. Burkett is a partner in Fasken Martineau, Toronto, Canada, where he provides strategic labour and employment law advice to a variety of employers’  organizations and gives input into the development of labour law policy.

Moira K. McCaskill is a personal and executive coach in Toronto, Canada.

Daniel Mayer is an associate in Fasken Martineau's Labour and Employment group. His bilingual practice focuses on a wide range of workplace-related matters, including human rights, employment standards, employment contracts, workforce planning, grievance arbitrations, wrongful dismissal litigation, and education.

CONTENTS

View full tables of contents and read the book’s preface or introduction.