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Labour & employment law column by Robert Smithson

PASSING OF AN UNSUNG CANADIAN HERO

Some people say that “things tend to happen in threes”. That saying came to mind last week when I read of the death of John Sheardown.

Just last fall, Canada announced the suspension of diplomatic relations with Iran and the expulsion of Iranian diplomats from Canada. That caused many, myself included, to reflect back on the so-called “Canadian Caper” involving the Canadian-engineered rescue of six U.S. diplomats from Tehran.

SOME RESOLUTIONS FOR BUSINESS IN 2013

In the weeks before the end of 2012, I had been mulling over the phrase “do better” as a way of capturing a different approach to doing business for human resources staff. The purpose of the phrase was clear to me but I felt I would have a difficult time getting my meaning across.

A FEW THOUGHTS OF NEWTOWN, CONNECTICUT

In the immediate aftermath of the horrific tragedy in Newtown, Connecticut, one of my predominant feelings was of helplessness. When something this awful happens, especially at such a great distance away, it’s difficult to know how to react or what to do.

At a time in my own life when I went through a (comparatively minor) crisis, my brother said to me, “Every time something like this happens, I never know what to say.” Those words stuck with me and they again come to mind and capture precisely how I feel right now.

BANGLADESH FACTORY FIRE REVIVES CENTURY OLD MEMORIES

A recent fire in a garment factory in Dhaka, Bangladesh provided a reminder of a strikingly similar tragedy in New York City just over a hundred years ago. It also was a grim indicator of how far some, but not all, countries have come in protecting employees in the workplace.

The Tazreen Fashions Ltd. factory in Dhaka made clothes for a number of well-known North American retailers. It occupied a nine story building and employed over a thousand low-wage workers.

CONCEIVE OF THE INCONCEIVABLE

When B.C.’s government suggested, recently, that its objective is a 10-year collective agreement with unionized teachers, many scoffed at that prospect. After all, the recent bargaining relationship between government and teachers has been fractious, to say the least.

Collective bargaining in the public school teachers’ context has been acrimonious and work slowdowns and stoppages of various kinds have become the norm. It seems, often, that the two parties are simply not speaking (or shouting, as the case may be) the same language.

WHAT’S SO PRIVATE ABOUT COMPUTER MISUSE?

Last week, this column addressed the reasons of the Supreme Court of Canada relating to employees’ use of their employer’s computers for non-work purposes. Employers may have been left scratching their heads by the Court’s thoughts on this topic.

MY INFORMATION, YOUR INFORMATION

Many employers provide their staff with electronic devices with which to perform duties. From cellular telephones to laptop computers, these are now tools of the trade for many occupations.

It is becoming commonplace that devices provided to employees are used for a mix of work and personal purposes. Employees make personal calls, send personal emails, download internet content, and save personal files on those devices.

WHO ARE THESE GUYS, ANYWAY?

By the time this column is printed, the N.H.L. collective bargaining dispute may be resolved. What won’t be clarified is the precise labour relations status of the relationship between the league and the NHL Players Association.

Early on in the dispute, the NHLPA applied to the Alberta Labour Relations Board for a declaration that the owners’ lockout was, in that jurisdiction, illegal. The players wanted an injunction preventing the lockout as it pertained to the Edmonton Oilers and Calgary Flames (and for their training camps to open on a “business as usual basis”).

UNCONSCIONABLE EMPLOYMENT RELEASES NOT BINDING

A prudent step for employers settling claims with departing employees is to obtain the person’s signature on a form of release. The purpose of a release is to provide the employer with comfort that the individual will not commence future court actions or other complaints relating to the employment.

DISABILITY GAP CAN BE A DEEP, COSTLY CHASM

Discussions relating to employees’ entitlements upon termination of employment tend to focus on the reasonable working notice or pay in lieu (“severance”) aspect. Too little attention is given by employers to the issue of the value of the benefits lost as a result of the termination.

The loss flows from the manner in which the employee’s benefits coverage was brought to an end. When (rather than providing reasonable working notice of termination) the employer chooses to terminate abruptly, the pitfalls relating to the cessation of benefits arise.

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