Resource Library

Subject to limited exemptions, the general rule set out in the Canadian Immigration and Refugee Protection Act (the “Act”) and the Regulations thereunder (the “Regulations”) is that a foreign national (defined as a person who is not a Canadian citizen or permanent resident of Canada) may not work in Canada without first obtaining a work permit. Further, foreign nationals from certain countries are unable to travel to Canada without first obtaining a temporary resident visa (a “TRV”).

This article describes how labor courts in general started to declare null and void mass dismissals made without a prior negotiation with the union, trying to reach a settlement in court.

This article addresses a number of safety issues which licensees need to be aware of and various measures they can implement in order to attempt to avoid health/safety issues in Australia.

The purpose of these guidelines is to help employees understand how company policies apply to newer technologies for communication, so you can participate with confidence not only on this blog, but in other social media platforms.

Three recent decisions of the Human Rights Tribunal of Ontario (Tribunal) serve as a reminder of the Tribunal's broad discretion to award damages where warranted. The Tribunal in Morgan v Herman Miller Canada Inc. awarded a complainant damages not because discrimination had taken place, but because the employer failed to investigate the complaint of discrimination. In Fair v Hamilton-Wentworth District School Board, the complainant received an award that included reinstatement and nine years of back pay after the Tribunal found a breach of the Ontario Human Rights Code (Code). In Monrose v Double Diamond Acres Limited, the Tribunal awarded a migrant worker no longer living in Canada significant damages for a violation of his dignity and a breach of his right to be free from reprisal.

A review of Venezuela's Organic Law of Labor and Workers, a collection of recent reforms to the country's wage and hour laws.

The Netherlands, located in Northwest Europe, has an open economy that heavily depends on foreign trade. It borders the North Sea, Belgium and Germany and therefore plays an important role as a European transportation hub. Foreign entrepreneurs who wish to conduct business in the Netherlands will benefit from this article’s review of the Dutch approach to decision-making. On the work floor, employers and employees search for mutual interests, creating a culture of consensus. Collective bargaining takes place per sector of industry instead of being business-based. This article discusses direct participation by employees within the company in the Netherlands and in other European countries and, subsequently, indirect participation through unions.

In the wake of recent investigations into business activities in China, companies and their investors have asked how to respond to a “dawn raid” by authorities in China. PRC law provides for the rights and protections listed in this article. Your ability to implement and enforce these rights will depend, naturally, upon the circumstances and the willingness of the authorities to comply, but the starting point is to know your position under applicable law.

What happens when there is a conflict between different protected rights? Recently, a high-profile UK case gave employers some guidance.

A recent decision in Australian law suggests that management action will be viewed as a whole, and not with a focus on each step taken. This approach may indicate that the anti-bullying jurisdiction may provide even less relief for workers than previously thought. Read more to find out how this will impact anti-harassment protocol in your company.