Law Times

PAGE 10 FOCUS February 27, 2012 • Law Times STEER YOUR CLIENTS WISELY ON A DECISION TO TERMINATE NEW PUBLICATION YOU'RE FIRED! JUST CAUSE FOR DISMISSAL IN CANADA STUART E. RUDNER Do grounds exist these days to justify terminating an employee for cause? Assess the particular circumstances of a case by quickly accessing previously considered allegations of just cause for dismissal in this indispensable new publication. You're Fired! Just Cause for Dismissal in Canada clarifies the types of behaviours that can constitute just cause for dismissal. Written by a practising employment lawyer, this new title combines a thorough review of the law with case law summaries in print and on an accompanying CD-ROM which links you to full text decisions. EXPERIENCE THE BENEFITS • Recognize what is – and what isn't – just cause for dismissal • Determine whether summary dismissal is an appropriate route for your company or client to take • Quickly see how the courts have treated comparable or similar situations • Help clients avoid a breach of human rights legislation • Advise on strategic policies and procedures to limit a company's potential liability • Prepare for trial more efficiently • Stay on top of the latest just cause case law Continued from page 9 options while balancing all those things." With a pooled savings plan, the employer chooses the ad- ministrator and decides which classes of employees it'll offer the plan to. But it's the ad- ministrator who sets the con- tribution amount and, more importantly, the mix of invest- ment products for members to choose from. The administrator also se- lects the default investment product for employees who don't make their own selections. What's more, the employer ORDER # 982890-65199 $225 2 volume looseleaf supplemented book + CD-ROM November 2011 Anticipated upkeep cost – $116 per supplement 1-2 supplements per year Supplements invoiced separately 978-0-7798-2890-6 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. under bill C-25 doesn't have any fiduciary duty imposed on it. The fiduciary duty now falls on the administrator but only in a limited fashion. That's because the proposed law also contains the safe-har- bour rule, which means that as long as the administrator offers a range of options such that a reasonable and prudent person could create a portfolio of suitable investments, it'd be seen as having provided the re- quired standard of care. "One question I would have AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 is what's going to be the extent of the employer's role in select- ing the [pooled plan] provid- er?" asks Sharma. "Is it going to be to find the cheapest provider? Or is the employer expected to do due diligence by comparing and contrasting what's out there and selecting the best prod- uct? What's the employer's ob- ligation if something goes off the rails? Who's overseeing all this? Does it make sense that OSFI would be policing all of this or does it make sense for another entity to do so?" The governance questions around the proposed plan could also have ripple effects on other pension vehicles, said Simon Archer of Koskie Min- sky LLP. If banks and insurance companies have the safe-har- bour defence, it won't be long before employers currently sponsoring defined-contribu- tion plans start calling on the government to lower the bar for them as well. "Employers that offer [de- fined-contribution] plans will say, 'Why is there such an unfair playing field? I'm held to a higher account than they are and they're a bigger insti- tution with more capacity to discharge their duty. And I'm just an employer. Why are you holding me to a higher stan- dard?'" says Archer. The lighter burden for em- ployers might have the long- term effect of enticing those that currently offer a pension or savings scheme to switch to a pooled plan instead, Sharma notes. "That's one potential out- come, which is that plan spon- sors see this as a way of avoid- ing fiduciary responsibilities and choose to wind up exist- ing arrangements and move to a [pooled plan]. That would be on the basis that once they do so, they won't bear any respon- sibility for the outcome. It's possible, though not necessar- ily probable," she says. "For most employers, the CITED BY THE SUPREME COURT OF CANADA CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL "The most comprehensive text on employment law in Canada. It is carefully constructed and accurate." Canadian Bar Review MORE THAN 5,800 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. ORDER # 804218-62305 $341 2 volume looseleaf supplemented book 4-5 supplements per year Supplements invoiced separately Anticipated upkeep cost-$219 per update 978-0-88804-218-3 CD -ROM or Internet version available separately Prices start at $473 With methodically organized chapters covering the complete range of employment law, Canadian Employment Law provides the kind of detailed examination of the facts you can count on. The subject-matter is wide-ranging and addresses issues such as: wrongful dismissal, fiduciary obligations, tort law and vicarious liability issues, remedies, constitutional issues, occupational health and safety, employment contracts, duty of good faith and fidelity and human rights. Includes a Table of Reasonable Notice — a chart, which groups together comparable types of positions so you can easily compare length of notice awards. Plus, all topics are illustrated with extensive case law and useful footnotes. 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. CANADA LAW BOOK® www.lawtimesnews.com pension plan is a vital tool for attracting and retaining employees and for workforce management and they spend a lot of money on these plans. The loss of control and flex- ibility that would occur if they switched to a [pooled plan] would not be appealing." But ultimately, Archer notes, the central question is whether this new pension ve- hicle will achieve its objective, which is to get the six in 10 Canadians who currently don't have a workplace pension plan to save. Archer says that might happen if the provincial legis- lation makes it mandatory for employers to offer these plans and automatically enrol em- ployees into them. He cites a study from the Canadian Life and Health In- surance Association Inc. that says if there's no requirement for employees and employers to participate, 175,000 Cana- dian workers would sign up for a pooled plan. With automatic enrolment only, that number would rise to 745,000. With automatic enrolment and a re- quirement that employers of- fer a plan, almost three million additional Canadians would be saving for retirement. LT Pooled plans provide safe-harbour defence

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