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w w w . C A N A D I A N L a w y e r m a g . c o m M A R C H 2 0 1 7 43 TFWs are reportedly often threatened with dismissal. In Nova Scotia, employers must show just cause to terminate an employ- ee with more than 10 years of service, with exceptions for some sectors such as fisheries, construction and sales, and in circumstances such as corporate restruc- turing, where a job is eliminated. Andrew Nielsen of Pink Larkin in Halifax, a firm that works on the employee side, says that the "just cause" provision has been positive, and not only for protecting workers' rights. "It tends to drive settlement more quickly," Nielsen says. Wrongful dismissal cases "can be more expedited and efficient because it's an administrative process" created by the just cause requirement in the legislation, he says. A complaint can be filed and heard by the vice chairs of the province's labour board rather than in the Supreme Court of Nova Scotia. In Quebec, the just cause provision kicks in after just two years of employment and employees are entitled to free legal representation when they file wrongful dismissal complaints, says Danilo Di Vin- cenzo of Le Corre LLP in Laval, Quebec, who practises on the management side. "The politics and social mood here is different," he adds. "We had to look at employers being more structured, and being more prepared" for complaints, including putting everything in writing rather than relying on oral agreements or understandings. It also means training clients, he says, through publications and training seminars, to help them avoid running afoul of the law. "We know that complaints are unavoid- able," di Vincenzo adds. Next steps Ministry of Labour spokeswoman Janet Deline said the special advisors were "thoroughly reviewing all submissions and commissioned research," and the ministry was looking forward to receiv- ing their final report and recommenda- tions this year. The mandate of the current Liber- al government under Premier Kathleen Wynne may or may not be renewed in October 2018, when Ontarians will next go to the polls. "Some provinces in the past have certainly been subject to greater swings in terms of political and legislative man- dates than has Ontario," says Darryl His- cocks of Torys LLP in Toronto, who practises on the employer side. "What we're seeing here may be one of these swings," he adds, noting that the dir- ection the special advisors seem to be heading in may benefit employees more than employers. "A huge part" of what the review will address will be the legislation formed during former premier Mike Harris's Progressive Conservative government, says Kastner, which resulted in lower costs for employers but made it harder for workers to unionize. "If reforms come in to reverse those changes and modernize legislation, it won't happen unless the government is sympathetic," he says. "If there is a change of government, that doesn't leave much time." Order # 804218-65203 $488 2 volume looseleaf supplemented book Anticipated upkeep cost – $406 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2016 Thomson Reuters Canada Limited 00234UC-84746-CE 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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