Tag: Canadian employer

When does post-termination conduct amount to cause?

by Jennifer Shepherd Can a Canadian employer justify an employee’s dismissal for acts committed after he or she has been fired? The answer is: sometimes. In Gillespie v. 1200333 Alberta Ltd., an Alberta court overturned a lower court ruling that permitted an employer to retroactively justify an employee’s termination because the employee removed confidential documents […]

Happy Headhunting for Employers

By Gulu Punia Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer […]

Minimizing Your Reorganization Cost in Canada

by Sara Parchello Many employers are trying to reorganize operations in order to survive this economic downturn. As Canadian employers know, a substantial change in an employee’s job functions can lead an employee to make a claim for constructive dismissal. This can result in significant liabilities when you can least afford it. How far can […]

Facing Up to Facebook and Other Social Networking Web Sites in the Workplace

by Brian Smeenk What if one of your employees reports to you he is very upset about what a coworker (“John”) wrote in a social networking web site about their boss? The statements are false and injure the boss’ reputation. If seen widely, they would be hurtful to the boss’ family. You are shown the […]

What Company Should Employ Your Expats in Canada?

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]