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Atlantic Employers’ Counsel – Spring 2014

The Editor’s Corner

Clarence Bennett

This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.

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Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety

Rebecca Saturley and Michelle McCann

Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.

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Recent construction industry safety violation discipline decisions: due diligence means enforcing rules

Clarence Bennett and Alison Strachan

Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.

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Unionization and its impact in the construction industry

Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney

Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

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Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot

Ruth Trask

Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.

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Archive

Non-disclosure agreements: A sword or a shield?

Murray L. Murphy, K.C., CPHR, Katharine Mack and Kate Profit Non-Disclosure Agreements (“NDAs”), legal contracts in which the parties agree to keep information outlined in the agreement strictly confidential, have been the subject…

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What are deceptive design patterns (DDPs)?

Charlotte Henderson and Kaitlyn Clarke Interested in understanding the impacts of AI on your business? Looking to understand how these intersect with concerns around privacy? Curious about the impacts of…

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Effectively identifying and navigating subtle discrimination: A must-do list for employers

By Lynn Iding, CPHR, CCIP and Sheila Mecking Interested in understanding the impacts of subtle discrimination on your business? Curious about the latest legal developments in racial discrimination? Looking to…

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Summary of Bill 14 – Act to Amend the Fair Registration Practices in Regulated Professions Act

By Sheila Mecking and Danielle Bailey-Heelan On March 25, 2025, Bill 14 was introduced by the Acting Minister of Post-Secondary Education, Training and Labour to amend the Fair Registration Practices…

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Enforceable equal wages: More changes for federal employers

BY Tiegan A. Scott & Sophie Poulos

By Tiegan A. Scott and Sophie Poulos The Canada Labour Code (the “Code”) may soon require federally regulated employers to review the wage rates of certain employees under Equal Treatment…

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At a glance: Key changes coming to Prince Edward Island’s Employment Standards Act

Murray L. Murphy, K.C., CPHR and Jacob E. Zelman Prince Edward Island’s new Employment Standards Act (“ESA”) received Royal Assent on November 29, 2024, with an effective date to be to…

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Making AI work for your business

Sarah Dever Letson and Lauren Agnew Interested in understanding the impacts of AI on your business? Looking to understand how these intersect with concerns around privacy and cybersecurity? Curious about…

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Navigating the “Towns Act”: Key changes and transition considerations for towns in Newfoundland and Labrador

BY Stephen Penney & Danielle Harris

By Stephen Penney and Danielle Harris Introduction On January 1, 2025, the Towns and Local Service Districts Act (the “Towns Act”) came into effect, changing the legislative landscape for towns…

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Dealing with Canadian “retaliatory” tariffs: A primer for importers

BY Michelle Chai & Graeme Hiebert

By Michelle Chai & Graeme Hiebert In response to the 25% tariffs levied on virtually all Canadian goods by the United States, Canada has announced United States Surtax Order (2025-1)…

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Balancing inclusivity and workplace safety

BY Sheila Mecking & Lauren Sorel

By Sheila Mecking and Lauren Sorel Introduction Arbitrator Trisha Perry addressed the complex interests between inclusive education and workplace safety in a recent decision (New Brunswick Teachers’ Federation v New…

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