Sunday, 5 May 2013

"If you liked it, then you shoulda put a ring on it:" What Beyonce can Teach Employers about Employment Law

What can employers learn from Beyonce’s hit song, “Single Ladies”? A surprising amount, I would suggest, when it comes to drafting non-competition clauses.

A decision from the Alberta Court of Queen’s Bench (equivalent to Ontario’s Superior Court of Justice), Enerflow Industries Inc. v Surefire Industries Ltd., 2013 ABQB 196 (CanLII), provides a solid overview of the enforceability of non-competition clauses and this blog will explain why sometimes it pays to "put a ring on it."

Thursday, 2 May 2013

Non-Competition Agreement Can Increase Reasonable Notice Entitlement


Does the fact that an employee signed a non-competition agreement have any impact on the reasonable amount of notice of termination of employment to which that employee is entitled?

According to a recent decision from the Ontario Superior Court of Justice, the answer is yes.

Tuesday, 23 April 2013

Is the Right to be Reinstated After Pregnancy Leave Guaranteed?

Is the right to be reinstated after pregnancy leave absolutely guaranteed? According to a recent decision from an adjudicator appointed under Part III of the Canada Labour Code, the answer is no.

Saturday, 13 April 2013

Workplace Harassment Complaints and Bill 168

Are the changes to Ontario’s Occupational Health and Safety Act really capable of influencing the way we approach workplace harassment cases? For the reasons that follow, I would argue that they are not.

Saturday, 6 April 2013

Pregnant Employees are Entitled to Greater Notice of Dismissal

Is a pregnant woman entitled to a greater amount of notice of her dismissal than other employees? Does firing an employee while she is pregnant merit an award of punitive damages?

At least one Ontario Superior Court judge has said yes to both questions.