In Focus: Quick Chats for the Canadian Workplace

Staying up to date on changes impacting the workplace is hard. Compliance and risk mitigation is a critical part of your job but how do you find the time to track legislation and determine what actions you need to take to be ready?

You need information that is short, digestible and actionable. That's why we have partnered with Baker McKenzie to provide you with the video series, In Focus: Quick Chats for the Canadian Workplace. In each on-demand episode, experienced lawyers provide insights and quick, practical tips on today's most pressing issues and legal developments impacting employers operating in Canada. 

New Competition Act Amendments Give Rise to Class Action Risk for Canadian Employers 
Released February 9, 2023 | 15 minutes

In June 2023, amendments to the Competition Act take effect that will allow Canadian employees to sue their employers for conspiratorial conduct.

In this video, we reflect on the new buy-side conspiracy causes of action through the lens of a recent Federal Court of Appeal case, consider the expected implications of the new amendments on employers' class action exposure, and discuss what employers can do to mitigate these new risks.

Speakers: David Gadsden, Arlan Gates, Brendan O'Grady and Jing Xu

Employers: Comply or Face Criminal Liability on No Poach and Wage Fixing Agreements under the Competition Act 
Released November 21, 2022 | 14 minutes

Amendments to the Competition Act that come into force on June 23, 2023, will make it a criminal offense for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada.

In this video, we discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect. 

Speakers: Andrew Shaw, Arlan Gates, Dave Bushuev and Justine Johnston

Implementing a Reduction in Force: Mitigating Risks Arising from Major Workforce Changes 
Released October 21, 2022 | 3-part series

Employers are being faced with difficult decisions about potentially reducing their headcount to eliminate redundant positions in light of a shift in the economic climate and an increased focus on business efficiency. With any termination comes liability.

In this 3-part series, we discuss how employers can navigate these significant workforce changes while limiting their liability and complying with legal requirements, as follows:

  • In Part 1 - Planning Your Workforce Redesign (11 minutes), we cover best practices for employers as they consider planning their workforce redesign, including conducting due diligence to understand exposure and potential liabilities.
  • In Part 2 - Undertaking Your Workforce Redesign (11 minutes), we explore the key steps in employment terminations such as preparing the termination letter, severance package offer, a full and final release and a meeting script, as well as outlining post-termination duties for the employer.
  • In Part 3 - The Outcome and Litigation Arising From Your Workforce Redesign (10 minutes), we look at the potential outcomes and employer obligations should the separation package offer be rejected, one-on-one employee negotiations fail, and litigation ensues.

Speakers: Andrew Shaw, Jeremy Hann, Ajanthana Anandarajah, Rono Khan and Juliette Mestre

Restrictions on Restrictive Covenants: The Secret to Protecting Trade Secrets 
Released August 10, 2022 | 15 minutes

Every business has sensitive components integral to its success, whether trade secrets, customer contacts, or other confidential information that would be appealing to competitors. In Canada, attempting to stop an employee from sharing confidential information, competing, or soliciting customers, suppliers or employees can be tricky.

In this video, we discuss the current state of the restrictive covenant landscape and what steps employers can take to protect their businesses.

Speakers: Jeremy Hann, Ajanthana Anandarajah and Junaid Malik

Proactive Steps to Address Systemic Discrimination and Inequality in the Workplace
Released June 21, 2021 | 11 minutes

In light of recent social justice movements, businesses are increasingly aware of issues pertaining to diversity and inclusion, making it essential for employers to take proactive steps to address inequality in the workplace.

In this video, we explore how to set up special programs under human rights legislation, and discuss best practices for advancing substantive equality in Canada.

Speakers: Jennifer Bernardo, David Bushuev and Shyama Talukdar