Revised Code Buysse Published
On 23 June 2009, a revised version of the Code Buysse was published.
The Code contains a list of recommendations in the field of corporate governance for non-listed companies. As it concerns recommendations, companies are in principle free to follow them or not. Evidently, the Code carries a certain moral authority.
Ontario Court of Appeal Upholds Solicitor-Client Privilege in Internal Accident Investigation Reports
The recent decision of the Ontario Court of Appeal in R. v. Bruce Power Inc. ("Bruce Power") affirms that where an employer has taken the important step of protecting an internal accident investigation report with solicitor-client privilege, that report is not subject to seizure by the Ontario Ministry of Labour (MOL). In Bruce Power, the Court held that the Crown's seizure of a solicitor-client privileged accident investigation report was prejudicial to Bruce Power's right to a fair trial and all charges against Bruce Power and two of its supervisors under the Ontario Occupational Health and Safety Act ("OHSA") were stayed.
Continue Reading...Ninth Circuit Addresses Enforceability of Foreign Arbitration Clauses in the United States
In light of this opinion, Vedachalam v. Tata America International Corp., No. 08-15521 (9th Cir. July 31, 2009), multinational employers may need to review their arbitration agreements. In their ASAP "Blocks in the Road to Enforcing Foreign Arbitration Clauses in the United States," John C. Kloosterman and Sarah R. Nichols analyze the court's decision and make recommendations for employers regarding their arbitration agreements.
U.S. College Graduates Looking to China for Employment Opportunities
According to the New York Times, an increasing number of U.S. college graduates are seeking employment in China. The low cost of living and vibrant Chinese economy, coupled with the dwindling U.S. job market, have made metropolitan areas such as Shanghai and Beijing appealing to recent graduates eager to join the workforce.
Continue Reading...Ontario Court of Appeal Dismisses Employee Overtime Class Action
In a decision with potentially far-reaching implications for "wage and hour" class actions, the Ontario Superior Court of Justice has dismissed a proposed class action claiming $600 million in lost overtime and punitive damages against the Canadian Imperial Bank of Commerce (CIBC). Brought on behalf of current and former non-managerial branch employees, the suit claimed that the CIBC's overtime policy violated statutory and contractual overtime rules by requiring employees to obtain advance approval in order to be compensated for overtime hours.
Continue Reading...Court Dismisses Lawsuit against U.S. Retailer over Working Conditions at Foreign Supplier Factories
Foreign workers from China, Bangladesh, Indonesia, Swaziland and Nicaragua filed a class action against the retailer, alleging that it had failed to ensure that its foreign suppliers complied with local laws and industry standards on working conditions, including wages, hours and discrimination. The plaintiffs asserted several contract law and common law theories of liability, all of which the court rejected.
For a full discussion of the decision and its implications for employers, see "Employees Alleging Labor Violations by Foreign Suppliers Cannot Proceed Against U.S. Companies Based on Code of Conduct Clause in Supply Contracts," written by Eric A. Savage and Ian T. Wade.
Supreme Court of Canada Releases Decision on Use of Pension Surpluses and Payment of Expenses in Nolan v. Kerry (Canada) Inc.
The Supreme Court of Canada has released its long awaited decision in Nolan v. Kerry (Canada) Inc. The Supreme Court of Canada dismissed the appeal of former employees against Kerry (Canada) Inc. ("Kerry") arising out of a dispute over the payment of Plan expenses and the use of pension surpluses to fund contribution holidays.
Continue Reading...Ontario Moves to Add Violence and Harassment to Occupational Health and Safety Act
- A definition of workplace violence;
- Whether a violence prevention program should be required under workplace violence legislation;
- Whether workplace violence legislation should have sector specific requirements;
- Whether workplace violence legislation should address domestic violence; and
- Whether workers should have the right to refuse work on workplace violence grounds.