Serious insight for serious situations.

Serious insight for serious situations.

Supreme Court of Canada strikes down Alberta privacy legislation: Province has 12 months to revise

In a decision released Friday November 15, 2013, the Supreme Court of Canada declared that Alberta’s Personal Information Protection Act (PIPA) is unenforceable, on account of the statute’s failure to protect the freedom of expression guaranteed by section 2(b) of the Canadian Charter of Rights and Freedoms. The Court has given the Alberta legislature twelve

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How does “older” old age affect reasonable notice? Consider this trilogy of cases

Last week in our Employers’ Alert, we wrote about a number of recent age discrimination cases.  We also referred to a number of American cases, and we pondered whether there would be an increase in age discrimination cases given the aging of the Canadian workplace, but also the presence of employees who are older than

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Let’s talk workplace incivility

Last week, I traveled to York University to give a lecture on workplace incivility to students in the Human Resources Management program. Other than marveling at some of the new buildings on my old university campus, I was also surprised by the discussion that was occurring in the classroom about incivility. The solutions that these

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AODA deadlines approaching quickly

With Halloween behind us, it’s time to look ahead to another big date looming on the calendar. Yes, that’s right, another AODA deadline is fast approaching. Unlike under the AODA Customer Service Standard, an organization has a variety of deadlines to meet under the Integrated Accessibility Standard (“IAS”) depending on the nature of the requirements.

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Trick or treat or legal issues?

Halloween usually brings out the creative side in all of us, whether through designing costumes, putting up decorations, or at times the choice of what treat to hand out to eager trick-or-treaters (I personally still recall the lady on our street who handed out a six-pack of Sprite!). Although Halloween is meant to be a

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Clear drafting: Essential to the enforceability of termination clauses

When terminating an employee without just cause, an employer is required to provide the employee with reasonable notice of the termination or reasonable payment in lieu of such notice at common law.  The length of notice can be significantly less than the common law would require provided that the parties enter into an employment agreement

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Ahh, the lure of self-employment…

According to a report released last week, more Canadians are joining the ranks of the self-employed, with self-employment climbing 3.6% in the last year. It seems that employers are reluctant to offer permanent positions and expand payrolls in times of economic uncertainty. In addition, many older workers seem to like the idea of being their

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The unintended consequence of an enforceable non-competition agreement … A Longer reasonable notice period

Employers often wish to restrict the competitive activities of an employee who is no longer in their service. However, the Ontario Superior Court case of Dimmer v. MMV Financial Inc. (2012 ONSC 7257) informs employers that where they seek to restrict an employee from engaging in competitive activity post-termination, the reasonable notice period awarded may be

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