Updating Employment Contracts

02. February 2021 0
Your employment contracts are one of the most important documents for your company. The employment contract details the particulars of employment. The contract provides the start date, the wage rate, entitlement to compensation over and above base salary and the obligations once employment has ended. The employment contract can be used to specify non-competition obligations ...

Annual HR Review Plan

02. February 2021 0
As January comes to a close it is a great time to take stock of your employment practices and to create an annual plan for updating all policies and practices to ensure that they have incorporated any changes to the law that have occurred in the last year. Take the time to ensure that your ...

Post-Employment Breach of Confidentiality Results in Significant Award

02. February 2021 0
A recent British Columbia Court of Appeal decision highlights why employers should exercise care when recruiting employees from their competitors.   Facts The plaintiff in GEA Refrigeration Canada Inc. v. Chang et al., 2020 BCCA 361 was a company that designed manufactured industrial hygienic freezers (“GEA”). GEA’s freezers had several unique design features, and GEA ...

Bullying and Harassment – Understanding your Obligations as an Employer

25. January 2021 0
The circumstances surrounding the resignation of Governor General Julie Payette underscore the obligations of employers. At its base, the requirement for Canada to deal with the difficulties associated with Ms. Payette arise because of duties and obligations imposed in employment relationships. After complaints arose, Canada hired an independent consulting firm to complete a review (investigation) ...

COVID-19 Vaccinations and Workplaces

06. January 2021 0
2020 presented unprecedented challenges for workplaces, requiring employers to be creative and strategic in responding to the significant changes required by the COVID-19 pandemic. The close of 2020 brought with it the approval of two vaccines, with more on the horizon. These vaccines will hopefully assist in putting the pandemic and all the resulting restrictions ...

Courts Will Look Beyond the Employee’s Title to Determine Reasonable Notice

06. January 2021 0
Cho v Stonebridge Solutions Inc., 2020 BCSC 1560 Facts The plaintiff was terminated by the defendant, Stonebridge Solutions Inc. (“Stonebridge”), after five months of employment at age 49. Stonebridge argued that the plaintiff was an independent contractor, and therefore no notice of termination was required. The plaintiff had previously worked as Vice President national Sales ...

An Unenforceable “With Cause” Termination Provision Could Sink an Entire Termination Clause

06. January 2021 0
An Ontario Court of Appeal decision from earlier this year has employers across Canada worried about the enforceability of their termination provisions. Facts The plaintiff in Waksdale v. Swegon 2020 ONCA 391, was terminated without cause after 8 months of employment. He subsequently brought an action for wrongful dismissal against his former employer and moved ...

Income Support for Individuals

26. November 2020 0
The pandemic has created significant financial stress for many Canadians. Those who have lost their jobs as a result of COVID-19 and those who have lost income due to either exposure to COVID-19 or having to care for another due to COVID-19. The Federal Government has put in place a variety of COVID-19 related benefits ...