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Non-competition clauses can be more damaging than just being unreliable

Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because they are using template contracts that have not received timely legal updating, or feel that no damage can be done by leaving the clause in – and perhaps it might even create a deterrent for a departing employee from taking up work for the competitor.

Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers

Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employers should be diligent regarding the development and implementation of their workplace harassment policies, and in responding to employee concerns regarding those policies.

For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code

Ending an employment relationship can be fraught with legal risk for employers.

Unions utilizing creative organizing strategies in the service sector

Employers should take note - Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization.  For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia in their application to the Human Rights Tribunal.

$2.5 Million Canadian Payroll Triggers ESA Severance Obligation

Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test.  I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Court of Justice in April 2014.

Mary Lou Brady

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Partner and avid book club member.  Truth be told, very little of her book club’s discussion is ever about the book!

Beth Traynor

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After several years of working towards a career in midwifery,  realized she had been focusing on the wrong kind of “labour”.

Jennifer Costin

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While she likes to think she was recruited to the Labour and Employment Group for her experience and knowledge, the truth is, they needed a golfer.

Chris Sinal

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A former health club manager and wearer of suspenders, Chris brings a 'strong' sense of fashion to the team.

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