Canadian Lawyer InHouse

October/November 2020

Legal news and trends for Canadian in-house counsel and c-suite executives

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general counsel, labour and employment law, is working with the airline's legal team of 70 lawyers and support staff to go above and beyond public health recommendations for staff and customers. "We're moving beyond the legal minimum. For employees to perform at their best, they do need to feel comfortable that they are in a safe environment, that proper precautions are in place and that they understand the measures we've taken to keep them safe," says Headon. Interpreting measures of the Canada Labour Code has been challenging, he says, because of the shifting understanding of the virus. "We're frequently engaging with that legislation and drawing on input from a number of our safety and medical team to understand what the legislation may require in this case, and then to figure out how to operationalize measures that might give life to that specific obligation under the code," says Headon. He says privacy is also a major concern at Air Canada — both for passengers and for employees. "We're making sure we collect only the data we need and that it's seen only by those who should see it and that it's accurate," says Headon. This has involved putting in new systems electronically in some cases and raising awareness. "Collecting medical information attracts a high degree of scrutiny, so making sure we have the right awareness and processes in place has been crucial to our ability to manage this new environment," says Headon, adding that another concern is leaves of absence and wage subsidy programs. Headon says the pandemic has presented an interesting opportu- nity to rethink certain laws. "As we now consider the reopening of the economy and the loosening of the restrictions, I think there's an opportunity to take this experience and perhaps further that change as we embrace new ways of working, new locations of working and a deeper understanding of some of those health and safety elements," he says. "Collecting medical information attracts a high degree of scrutiny, so making sure we have the right awareness and processes in place has been crucial to our ability to manage this new environment." Fred Headon, Air Canada At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… If you're an employer, we're the only call you need to make. sherrardkuzz.com | 416.603.0700 250 Yonge St #3300, Toronto, ON M5B 2L7 @sherrardkuzz 24 HOUR 416.420.0738

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