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LEGAL REPORT: LABOUR AND EMPLOYMENT by the Ontario Human Rights Commission, the complain- ants alleged the company called them to a meeting with other employees and told them they were being sent home with pay for reasons relating to their citizenship. After five years and a hearing before the Ontario Human Rights Commission, a settlement was reached with the company (now General Dynamics Land Systems Canada Corp.) and the unionized em- ployees were returned to work but subjected to new restrictions in terms of access to information required to do their job, or provided with alter- native assignments. "The corporation is caught be- tween federal law, which is required by treaties with the U.S. to follow ITAR, and pro- vincial human rights laws," says Peter Keating, vice president of communications and public affairs for General Dynamics. "Human rights is a major political issue in Canada, there be- ing a very large immigrant population. In the U.S., it's not a codified thing." Coulter says since there is so little law on the issue in Ball&Alexander Barristers & Solicitors Excellence in Employment & Labour Law • Counsel in Leading Cases • • Authors of Leading Book • Wrongful Dismissal Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Class Actions Employment Standards Administrative Law 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com www.kenalexander.ca 46 OC T OBER 2008 www. C ANADIAN Law ye rmag.com treaties with the U.S. to follow ITAR, and provincial human rights laws." — PETER KEATING, GENERAL DYNAMICS CANADA "The corporation is caught between federal law, which is required by Canada (largely because employers do their best to make sure these complaints get resolved before they become public) the best advice is to tread carefully and get the assistance of le- gal counsel. "Nobody wants to be the test case — to be told you're engaging in a practice that's discriminating," she says. But ultimately there is a business decision and a legal decision to be made, which forces companies to walk a very fine line. Employers, Coulter says, will often try to ensure that nobody loses a job as a result of ITAR compliance, or will try to make it clear from the beginning that certain people aren't eligible. "But it's not only important to keep your employees, you need to keep them happy," says Coulter. "As a lawyer, you can't advise your client to circumvent the Hu- man Rights Code and discriminate, but they have to then balance it within their own workplace. All we can do is give the appropriate legal advice and make sure the client un- derstands it." emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e - t y a n d i n s u r a n c e pa y e q u i t y immi g r a - t i o n emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y e q u i t y imm immi g r a t i o n emp l oyme n t o c c u pa t i o n - a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y First in Labour Law Since 1956 Toronto 416.862.8280 Sarnia 519.336.5447 Sault Ste.Marie 705.253.3711 Since being founded in 1956 as the Country's first labour relations and employment law firm, Mathews Dinsdale has been dedicated to helping employers manage the increasingly complex laws relating to the workplace. For over 50 years, our lawyers have played a significant role in shaping labour – management relations. Today, with offices in Toronto, Sarnia and Sault Ste. Marie, Mathews Dinsdale continues to have one of the Country's most highly regarded management labour and employment law practices. It continues to be our goal to help management manage – and succeed. www.mathewsdinsdale.com