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Non-competition clauses can lead to extra notice

Often in our practice, we come across employment contracts that contain “non-competition” clauses.  The purpose of these contractual terms is to prevent the employee from going out after the employment is terminated (and during the employment) and either setting up a competing business, or working for the employer’s competitors.  The employer is concerned that […]

By |March 22nd, 2016|Contracts, Mitigation, Reasonable notice|Comments Off on Non-competition clauses can lead to extra notice|

Employer’s Finances are Not Relevant to Reasonable Notice

The Ontario Court of Appeal was recently asked to consider whether an employer’s financial circumstances are relevant in a wrongful dismissal action. Do financially-challenged employers get to provide less reasonable notice to their wrongfully dismissed employees? The answer is no, according to the Ontario Court of Appeal.
Michela v. St. Thomas of Villanova Catholic School was […]

By |March 18th, 2016|Damages, Employment Law, Reasonable notice, Wrongful dismissal|Comments Off on Employer’s Finances are Not Relevant to Reasonable Notice|

Workplace Discrimination and the BC Human Rights Code

The BC Human Rights Code protects the fundamental human rights of everyone in British Columbia. The Code prohibits discrimination against people who possess characteristics (or are perceived to possess characteristics) that fall into a prohibited ground of discrimination. In this respect, the Human Rights Code prohibits employers from discriminating in their advertisement for positions, hiring, during the course of […]

By |February 5th, 2016|Employee rights, Employment Law, Fundamental contract terms, Human rights|Comments Off on Workplace Discrimination and the BC Human Rights Code|

Is Your Termination Clause Enforceable? Part 2

In our first installment I described the possible effect of well drafted termination clauses in employment contracts.  Where a termination clause is not properly drafted and fails to meet the minimum standard set in the Employment Standards Act, it will be unenforceable.  The following are some examples of termination clauses that BC courts have considered and found […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Fundamental contract terms, Termination clause, Wrongful dismissal|Comments Off on Is Your Termination Clause Enforceable? Part 2|