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 […]
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 […]
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 […]
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 […]