Canadian Lawyer InHouse

49 CANADIANLAWYERMAG.COM/INHOUSE SEPTEMBER 2017 to need you to bring in a doctor's note,'" says Kuzz. "Imagine how frequently we're going to see spikes in absenteeism on Fridays and Mondays. Only two of those days are paid, but many employees are happy to take un- paid days off." The amendments to the Labour Rela- tions Act are also signifi cant. They are intended to make it easier to unionize for home care and community services work- ers, workers in the building services sector and those who work through temp agencies to unionize. Speirs says that these provi- sions were included in Bill 148 without con- sultation or recommendation by the review panel. Under the bill, if a certain proportion of workers (in those sectors) sign a union card, there does not have to be a certifi cation vote. "If you have card-based certifi cation," says Tim Lawson, partner at McCarthy Té- trault LLP, "there's a higher probability that a union that applies for certifi cation is actu- ally going to become certifi ed, because there is no vote, no opportunity for an employer to tell its side of the story and counter-balance what the union is saying to employees." He also points to the bill's provision em- powering the Ontario Labour Relations Board to consolidate a certifi ed bargaining unit with an existing bargaining unit of the employer represented by the same union. "You can see the ripple effect and the momen- tum that a union can get once they success- fully certify a few different locations of the same employer," says Lawson. "That power will have a dramatic impact on the ability of unions to organize franchise locations." The mandate of the expert advisers was two-fold: to consider ways to decrease pre- carious work and improve the lot of precari- ous workers, but also to improve fl exibility and effi ciency for employers. "There's none of the fl exibility part in any of the recom- mendations or the proposed changes in Bill 148," says Lawson. The bill boosts fi nes for employers who violate labour laws. The maximum fi ne for ESA violators will be increased to $350, $700 and $1,500 from $250, $500 and $1,000 for various violations. The government will publish the names of those who are fi ned. The maximum fi nes under the Labour Re- lations Act would increase to $5,000 from $2,000 for individuals and to $100,000 from $25,000 for organizations. Lawson says that, with the bill's emphasis on increased fi nes for ESA violations and the hiring of more inspectors, "the Minis- try of Labour really becomes a prosecuto- rial body like you'd see in some U.S. states, rather than a body intended to assist em- ployers and employees in upholding the law and mediating and resolving cases. That's really going to be a big change." "There's not any good news here for em- ployers," says Kuzz. "Where employers will have an impact on modifying the bill is go- ing to be a very industry-specifi c issue. At the end of the day, it's great to do wonder- ful things for employees, but none of this matters if there aren't employers around to employ them." IH No two businesses are alike. We get that. You want a law firm that is flexible and can adapt to your particular business needs without compromising service or quality. At Pallett Valo we provide forward-thinking legal counsel designed to respond to each of our client's unique legal matters. That's what we call Right-sized Thinking®. Want a legal solution that's the right fit for you? Call us today to find out more. Legal Service That Fits Any Occasion Right-sized Thinking® • 1-800-323-3781 • pallettvalo.com Your Authority For: Business Law • Commercial Litigation • Commercial Real Estate Construction • Insolvency & Corporate Restructuring Employment & Labour • Wills, Estates & Trusts ntitled-5 1 2017-08-17 2:01 PM

• Cover