Less Restrictive View: Restrictive Covenants in the Sale of Business

Blog Post
October 24, 2013
Read Time: 2 minutes

It is increasingly common to find post-employment restrictions in employment contracts. These restrictions often include attempts by the employer to limit an employee’s ability to compete against its business or lure away their customers and employees. These restrictive promises are also found in agreements of purchase and sale, where the selling party agrees to a period of employment following the sale of business. As clarified in the Supreme Court of Canada’s recent decision in Payette v. Guay Inc. covenants made between a vendor and purchaser will be more readily enforced.

Refusal to Return To Work Following a layoff is a Failure to Mitigate

Blog Post
October 17, 2013
Read Time: 2 minutes

While a temporary lay-off can amount to a constructive e dismissal, declining an opportunity to return to work shortly after being laid off will result in a failure to mitigate unless the relationship between the parties was acrimonious and infused with animosity.

Court Upholds Adjudicator’s Award for Aggravated and Punitive Damages

Blog Post
October 10, 2013
Read Time: 2 minutes

The Federal Court recently upheld a Canada Labour Code (CLC) Adjudicator’s decision to award aggravated damages of $85,000 in aggravated damages and $100,000 in punitive damages in Tl’Azt’En First Nation v. Joseph, 2013 FC 767.

Terminating Older Workers

Blog Post
October 3, 2013
Read Time: 3 minutes

In Canada, we have an aging workforce, and have been experiencing a period of economic downturn at the same time that mandatory retirement has come to an end. In addition, we have seen an increase in foreign ownership employers, who may not fully understand Canadian laws and workplace cultures. These factors have led to noticeable trends in how employers are dealing with terminations, especially those related to long service employees. The overall impact is that older workers are being unceremoniously shown the door after many years of faithful service.

Disappointing Decision for Federally Regulated Employees

Blog Post
September 19, 2013
Read Time: 2 minutes

The relatively commonly held belief that the unjust dismissal provisions of the Canada Labour Code were intended to provide quasi union like protections for non-unionized employees has been turned on its head by the Federal Court, to the pleasure of employers and to the chagrin of employees.

Accommodation: It’s Not a New Idea, But it Still Gets People Into Trouble

Blog Post
September 12, 2013
Read Time: 2 minutes

Employers have to accommodate people under Canadian human rights laws. The only exception is where doing so would be an undue hardship. This isn’t news, or at least it shouldn’t be, but employees are still being told their particular circumstances are too much trouble for an employer to deal with.

New Family Care Leave

Blog Post
August 29, 2013
Read Time: 2 minutes

In March of 2013, Ontario Minister of Labour Yasir Naqvi introduced Bill 21 to amend the Employment Standards Act, 2000 to introduce three additional unpaid leaves of absence, including a Family Caregiver Leave.

Bring your own Device to Work – Increased Flexibility but at what Cost

Blog Post
August 27, 2013
Read Time: 3 minutes

There is an increasing trend in the workplace, where employees bring their own devices (BYOD), usually smart phones or tablets, to work. In an era of cost savings and unprecedented rates of change in technology, employers are likely to view BYOD as an appealing way to lower costs. Employees want the flexibility of using the latest technology to do their jobs more efficiently while multi-tasking chores like personal banking and staying connected with their lives outside of work.