Practical HR Tips, News & Advice. Updated Daily.
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]
Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can. “Bloggers are gross. Bloggers are obese. Bloggers have halitosis.” — Dwight Shrute Sticks and stones, Dwight. Sticks and stones. Dwight should be […]
By Brian P. Smeenk Does Canadian law recognize a right to sue somebody for invasion of privacy? In a landmark ruling in Jones v. Tsige, Ontario’s highest court recently said essentially: Yes. In limited circumstances you can sue for “intrusion upon seclusion.” But you won’t have a big payday. This decision is a very significant […]
Public-sector employers in California are facing an array of challenges in 2012 — declining revenues, out-of-control costs, fading reserves, and “a slew of bills further hobbling public agencies’ ability to control costs,” according to Jonathan Holtzman, a partner with Renne Sloan Holtzman Sakai LLP in San Francisco. Here’s a look at some new laws affecting […]
by Traycee Ellen Klein and Erin Carney D’Angelo On Monday, December 13, New York Governor David Patterson signed the Wage Theft Prevention Act (WTPA). According to the governor’s press release, the new law: enacts more stringent and transparent record-keeping and employee notification requirements; increases the amount of wages that can be recovered as damages in […]
Litigation Value: $75,000 No new episode this week (darned ER series finale), but that doesn’t mean there isn’t activity in Scranton. Shortly after Michael’s departure from Dunder Mifflin last week, Michael sent out an email to job seekers about the Michael Scott Paper Company. It read: Dear whom it may concern, Bored? Poor? Lonely? Not […]
by Brian Smeenk TFI Transport (doing business as Canadian Freightways) had a bit of a theft problem in its Calgary terminal in 2005 and 2006. The company was losing television sets and generators. It conducted an investigation and was able to prove that one of its employees, Wayne Spence, had either stolen or was knowingly […]
by Brian Smeenk On October 9, 2008, the Supreme Court of Canada released its decision in RBC Dominion Securities v. Merrill Lynch Canada. The court restored an award of approximately $1.5 million in damages against a branch manager who had coordinated the defection of almost all his branch’s sales group from RBC to Merrill Lynch. […]
by Brian Smeenk Suppose you want to change an important term of your Canadian employee’s employment contract, such as the bonus plan, future salary adjustments or the termination package. Can you do it without the employee’s agreement? If so, how? Western Inventory Service Ltd. recently found out the hard way that it couldn’t unilaterally alter […]
by Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]