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Employment Disputes and Labour Relations Conflict: Minimizing the Risk and Cost to Business
Author(s): Overholt, Carman
Date: March 1 2005

A hasty decision, an informal practice, an inappropriate remark, or an ill considered strategy for dealing with a union’s attempt to certify your workplace, are all examples of potentially significant liabilities and unnecessary costs that may be created for business.

The emergence of human rights legislation and the trend in the law towards greater recognition of individual rights has dramatically increased the potential liability of employers. The Supreme Court of Canada has recognized the fundamental importance of work in Canadian society. A number of Court decisions have expanded significantly the rights of employees in the workplace in a variety of ways. The more common usage of sophisticated employment contracts with high levels of remuneration including incentive pay, pension credits, stock options and a wide range of other expensive benefits, and the disruption caused by an employment dispute or labour relations conflict, means that a business may be crippled by the wrong decision or strategy.

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