Practical HR Tips, News & Advice. Updated Daily.
By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]
By David Wong Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in […]
By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]
By Derek Knoechel As we reported in an article last year, courts across the country are generally following the Supreme Court of Canada’s decision in Keays v. Honda Canada: Punitive damages should be awarded only in exceptional cases, and moral damages should be limited to actual losses resulting from the employer’s conduct. That has left […]
A British Columbia Court of Appeal decision has worrisome implications for companies that control elements of the operations of subcontractors or franchisees. Although it was about a franchise situation in B.C., it could have repercussions in other provinces and other business relationships. What happened In 2005, there was a robbery of a Petro-Canada service station. […]
By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]