Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50160
private practice or set up his own firm. It wasn't long, however, before another opportunity came his way to join Magna as vice president and general counsel for North America, with responsibility for South America and Asia. His interest was piqued: Magna is a global company with 275 manufacturing plants and 84 product development, engineering, and sales centres in 26 countries on five continents. Of its 104,000 employees, Magna has about 40 lawyers around the world; some work within corporate offices, and some work within operating groups aligned to specializations. "For a global company like Magna, you need to be both global and local," says Trecroce. "You need to have global policies and procedures and cultural values that apply throughout the organization, but they need to be adapted to the local rules, laws, cultural practices, and norms." STEER YOUR CLIENTS WISELY ON A DECISION TO TERMINATE NEW PUBLICATION YOU'RE FIRED! JUST CAUSE FOR DISMISSAL IN CANADA STUART E. RUDNER Under what circumstances can an employer terminate an employee for cause? Gain a clear understanding of the types of behaviours that can constitute just cause for dismissal in You're Fired! Just Cause for Dismissal in Canada. This practical and easy-to-read new reference tool combines a thorough review of the law with a searchable CD-ROM of case summaries. When considering an employee's particular circumstance, you can quickly refer to previously considered allegations of just cause for dismissal. EXPERIENCE THE BENEFITS If you are involved in the discipline and dismissal of workers, you will find a wealth of expert commentary and practical guidance in this new title. It will help you: • Understand what is – and what isn't – just cause for dismissal • See how the courts have treated comparable or similar cases • Understand the requirements for conducting investigations prior to dismissal • Avoid breaching human rights legislation • Update company policies and procedures regarding discipline and dismissal to limit potential liability AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. He believes the best way to do that is to work with highly experienced lawyers in other countries who not only speak the language, but be an ambassador between the corporate office and operating groups that are several thousand miles away. An average day for Trecroce could involve developing policies and procedures, hiring lawyers in other parts of the world, managing a staff of about 20 at the corporate office, and providing advice to executives. He also acts as a sounding board for colleagues in Mexico, South America, and China. "Finding ways for all of us to communicate together effectively is a big challenge," he says. If you have a conference call at 10 a.m. in Toronto, for example, it's 10 p.m. in China. Another challenge is that a policy or procedure that makes sense from a North American perspective often requires a fair amount of adaptation as it's rolled out into Europe, South America, and Asia. "Rules are different — privacy laws or employment law matters or other laws you're not necessarily aware of, or even cultural practices," says Trecroce. Sometimes, when the corporate office sends out a draft policy, they find out it's not permitted by virtue of a particular privacy directive from the European Union or an employment law in China. The exercise then becomes about finding a balance and ensuring local autonomy and respect for cultural and legal differences. "They're 5,000 miles away and they ORDER # 982890-62371 $225 2 volume looseleaf supplemented book + CD-ROM August 2011 1-2 supplements per year Supplements invoiced separately 978-0-7798-2890-6 need to do what they need to do on their own for the most part," says Trecroce. "It's impossible to micromanage by telephone and e-mail across thousands of miles, so the key is to find the right people, make sure they're highly qualified, highly ethical, and independent minded — able to work very much independently but know when to come back for support." A specific area of focus for Trecroce is business ethics. "In China or other parts of Asia they may have a different approach to gift-giving, and one of my colleagues is developing a guideline to help our business people understand what is appropriate from our code of conduct in the context of gift-giving in countries where the cultural norms are different," says Trecroce. "How do we ensure that we're being culturally sensitive but at the 42 • DECEMBER 2011/JANUARY 2012 INHOUSE