Practical HR Tips, News & Advice. Updated Daily.
by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]
by Thora A.Sigurdson Canadian courts continue to struggle with clauses in employment contracts that contain post-employment noncompetition and nonsolicitation clauses, known as “restrictive covenants.” This is an important issue in Canada, where there is no concept of “at will” employment, and all employees are deemed to have some form of employment contact. But not all […]
By Clayton Jones and Derek Knoechel The common wisdom is that Canadian courts are much more willing to enforce nonsolicitation clauses in employment contracts than noncompetition clauses. While this may often be the case, nonsolicitation clauses will still be closely scrutinized by the courts. Two recent cases from British Columbia emphasize the danger for employers […]
By Joel Henderson and Stephen Acker Julie is an IT consultant working for NoProblemo! Tech Solutions (NP), a technology consultancy. Julie has worked at NP for six years, is well-educated, and has important certifications and transportable skills. What can NP do to reduce the risk of her being hired away by a client? The scenario […]
By Katie Clayton and Farrah Sunderani If you include a termination benefit in a Canadian employment agreement, it is important to be precise. As discussed in previous Northern Exposure entries, employers in Canada must provide notice or pay in lieu of notice when terminating an employee without cause. This minimum requirement is legislated in employment […]
McCarthy Tetrault Q. When does an employer have an employment contract with its employees? A. Every employer in Canada has an employment contract, whether written or unwritten, with each of its nonunion employees. Sometimes, only some of the terms are in writing. When necessary, courts will imply reasonable terms in the absence of any express […]