Reform of the Victorian Workers' Compensation System
On 11 March 2010, the Victorian Parliament passed the Accident Compensation Amendment Act 2009 (Vic) (Amending Legislation), which contains significant reforms to the workers' compensation legislation.
Continue Reading...Important High Court Decision Regarding OHS Regulation in NSW
On 3 February 2010, the High Court handed down its decision in Kirk v Industrial Relations Commission of
In addition to having significant implications for the conduct of prosecutions in
Accidents at Work Insurance
Companies will be obliged to pay premiums for accident insurance for all civil contractors. Until 2010 these contributions did not have to be paid for contractors working outside the company's seat or outside the place where the company conducts business. This results from the amendment to the Act on the Social Security System coming into force as of 1 January 2010.
Union Files Criminal Charges Against Employer Following Workplace Accident
The United Steel Workers have commenced a
Criminal Charges Filed Following Workplace Accident
In what should serve as a stark reminder for both employers and individuals, police in Ontario have charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. These events demonstrate that while criminal prosecutions for workplace accidents remain rare, the police will not hesitate to pursue criminal charges as they deem appropriate.
Continue Reading...Stress at Work: Experiencing 'Name and Shame' in France
On October 9, 2009, Xavier Darcos, Minister of Labour, announced the creation of a contingency plan on the prevention of psychosocial risks in the public and private sectors. One of the first steps of this plan involved encouraging negotiations on stress in all companies with more than 1,000 employees.
Even though there is no specific national survey on stress at work in France, according to periodic government surveys more than half of all employees work in emergency situations, more than one-third receive contradictory orders or guidance, and one-third cite situations of tension in their relationships with their colleagues or their superiors.
Without any law or specific legal basis, companies were invited by the Minister to enter into negotiations before February 1, 2010. The companies that failed to reach an agreement on how to deal with stress by that date, had to submit a diagnosis and draw up a plan of action in consultation with their staff representatives. In mid-February the report entitled "The status of the prevention of occupational stress in companies with more than 1,000 employees" was published on the official website.
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Haiti Earthquake May Have Legal Repercussions for Employers
In the wake of the devastating earthquake in Haiti, businesses operating in the United States, even those without establishments in Haiti, will be facing employment issues related to the aftermath of the tragedy and the ongoing relief effort. Companies should anticipate new employment-related questions encountered when the business and/or its employees seek to aid the relief effort, either with monetary donations or by donations of skill, expertise or goods. In addition, employers with workers and business interests in Haiti must also address various personnel issues.
Continue Reading...Significant Decisions in Labour, Employment, Human Rights, and Pension Law in 2009
In the last year, Canadian courts have tackled a wide range of legal issues that are relevant to employers. In the employment law context alone, the courts have considered the obligation of departing employees, the enforceability of non-competition covenants, and the ability of employees to commence a class action to seek damages for unpaid overtime pay.
To keep employers up to date on developments in the law, Heenan Blaikie's national labour and employment law practice has prepared a paper entitled " Recent Developments in Labour and Employment, Pension & Benefits and OHS/Workers Compensation" (pdf). The paper provides an overview of developments in the areas of employment, human rights, pensions, benefits, federal and provincial labour, workplace privacy, occupational health and safety, and workers' compensation law in 2009.
Workers' Compensation Board's Mental Stress Compensation Policy Unconstitutional
In its recent decision in Plesner v. British Columbia Hydro and Power Authority, the B.C. Court of Appeal found that the test for employees claiming workers' compensation benefits for mental injuries under the B.C. Workers Compensation Act (the "Act") violated s.15 of the Canadian Charter of Rights and Freedoms. In particular, the Court took issue with a B.C. Workers' Compensation Board Policy which required mental stress claims to meet a higher threshold of acuteness and trauma.
Continue Reading...Flu Season Looms and H1N1 Fears Return
As flu season looms, employers are understandably concerned about the impact of a potential H1N1 influenza outbreak on their businesses and their employees. No one can accurately predict how the upcoming flu season will unfold; however, our lawyers have prepared a newsletter identifying key legal issues that may arise as Ontario employers prepare to deal with an influenza pandemic and its impact on the workplace.
While this information will apply to most workplaces, employers operating in a unionized environment should consider developing their responses in consultation with union representatives. Continue reading Heenan Blaikie's Labour & Employment in the News: "The Evolution of a Flu Pandemic: Issues for Employer Response, online.
While this information will apply to most workplaces, employers operating in a unionized environment should consider developing their responses in consultation with union representatives. Continue reading Heenan Blaikie's Labour & Employment in the News: "The Evolution of a Flu Pandemic: Issues for Employer Response, online.