What is the
Appropriate Reaction?
Result
Constructive Dismissal
If employee’s job is substantially
changed, it is the same as termination
– Examples
Cut wages substantially
Demote from management
Forced transfer from Regina to Saskatoon
Labour Standards Act
Sets out many obligations of employers and
protections for employees
Any part of the employment contract that
does not comply with the Act is void
– Cannot agree that it does not apply
Example: Regular pay for overtime worked
Must keep accurate records
Government will enforce employees’ right to
wages payable under the Act
Unionized Employees
Trade Union Act governs
– Federal law applies to a small number of
industries
Collective Agreement between
employer and a group of employees
– applies to all employees within its scope
Certification
Work-place must be certified to have a
union bargain for the employees
Union will attempt to organize the
workplace - usually in secret
Employers not allowed to communicate to
their employees about the union drive
Certification
Union will apply for a certification order to the
Labour Relations Board
– Need 50% + 1 to be certified
not a vote – current contentious issue
– Bargaining Unit is established
Example of a
Bargaining Unit
Management
Warehouse
Confidential
Support Staff
Support Staff Order Processing
Bargaining
Must bargain in good faith to reach an
agreement
– Can bargain hard – no legal requirement to
compromise
– Labour Relations Board can impose a first
agreement
Collective Agreement
– Governs all the terms of employment
– Grievance procedure – Arbitration
Strikes or Lockouts
Lockout
– Employer refuses to allow workers to
work
Strike
– Employees refuse to work
Strikes or Lockouts
Strike or Lockout
– Only allowed if collective agreement has
expired.
– Must give 48 hours notice
– Replacement workers allowed
– Union can fine own union members who
cross the picket line
equal to wages earned
Could expel from the union
Terminating Employees
Collective Agreement usually prohibits
termination except for shortage of work or
just cause.
Terminate for same just cause as non-
unionized - use progressive discipline
Cannot sue for wrongful dismissal
– Follow procedure in collective agreement
Grieve -> Arbitration
– Arbitrator can order reinstatement with back pay
and\or damages.
International Business
Transactions
Additional Contract Considerations
1. What is the “Proper Law”
2. Jurisdiction
1. Which country’s court?
2. Might be commercial arbitration
3. Interpretation of terms
1. Incoterms
2. Industry Standard Contracts
International Business
Transactions
Additional Contract Considerations
4. Export \ shipping documentation and
logistics
5. Payment
1. Hard currency
2. Exchange rate risk
3. Collection
- Letters of Credit
International Business
Transactions
Consult Export Development Canada
www.exportsource.ca
Duties and other measures can hamper
trade and add costs
– Countervailing Duties
– Non-Tariff Barriers
Labelling
Inspection
Seek help from industry associations and
federal and provincial governments if
entry barriers to foreign markets.
E-Commerce
Use of computer networks for
transactions.
– Buying and selling goods and services on
the Internet
Legal Issues in
Establishing an On-Line
Business
Normal business considerations
– Examples: Incorporation, CRA
Negotiating a web-hosting agreement
Negotiating a web-site development
agreement
– Who owns the content
– Ongoing maintenance
– Copyright, trademarks, domain names
Liability if copyright or trademarks infringed
– Confidentiality
Legal Issues in
Establishing an On-Line
Business
Defamation risk if allow public to post
Web-Wrap Agreement
– Standard Form contract that governs the transaction
– Consumer Protection Act requirements for Saskatchewan
consumers
– Jurisdiction & Proper Law
Privacy
– Personal information, spamming laws
Security
– Credit card and personal information - huge liability
Sales Tax Rules
Privacy Legislation
Businesses cannot collect or disclose private
information without specific consent
Re-Purposing, Publishing, Sharing, Re-
Selling is restricted by the consent that was
granted
Huge adverse reputation and liability
consequences for businesses if accidental
disclosure occurs
Privacy Legislation
Must have security to protect private info
Complaints may be filed by customers with
the Privacy Commissioner
– Time consuming investigation -> fines
Can be sued for violating privacy
Complete different set of legislation
rules for government
– Access to Information requests may lead
to disclosure of details
Intellectual Property
Intangible property that is the result of
creativity
– Must be Unique and Original
Problematic international issue due to
variations in protections and enforcement
Three Main Types
– Trademarks
– Copyrights
– Patents