Business continuity

Slaw: No continuity of business: Target not the successor employer of Zellers employees

November 22, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Union Relations

On November 8, 2012, Ritu Mahil, Vice-Chair of the British Columbia Labour Relations Board decided that there was not a continuity between Zellers’ business at the Brentwood Mall in Burnaby, B.C. for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application under Section 35 of the Labour Relations Code (“Code”) for a declaration that Target is a successor employer to Zellers with respect to the business carried on by Zellers at the Brentwood Mall in Burnaby, B.C.was dismissed.

bargaining unit, Business, Business continuity, collective agreement, Collective Bargaining, continuity of business, employment law, grievance, Labour Law, Labour Relations Board, Labour Relations Code, Mergers and acquisitions, purchasing employer, selling employer, successor employer, Target, transfer of all or part of a business, union, Unions, Zellers

Swine flu and the workplace

September 7, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources

With a new wave of swine flu (H1N1) predicted to hit by mid-October 2009, the Public Health Agency of Canada in collaboration with provincial and territorial governments have launched a new website FightFlu.ca at www.fightflu.ca. It is a one-stop access to online information and resources about H1N1 flu virus. In addition, the agency has awarded a contract worth $926,600 under the Pandemic Preparedness Response Fund to the International Centre for Infectious Diseases (ICID) to develop tools and strategies that small and medium sized businesses can use to take action to ensure they recognize and deal with the challenges brought on by the virus, and develop plans to deal with increased employee absenteeism and disruptions in their operations.

Absenteeism, Business continuity, emergency preparedness, H1N1, health and safety, HR issues, human rights, illness at work, Leaves of absence, occupational health and safety, pandemic, pandemic planning, pandemic policies, policy, sick leave, swine flu, swine flu at work, workers compensation, workplace preparedness