First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

conflict of interest

Changes in the Criminal Code: Employee rights in a time of legal chaos

In 2016, employees may be faced with requests from employers or from others whom the employees serve to participate in activities that are prohibited by the Criminal Code. There are two areas, in particular, of potential legal conflict in the workplace:

 

, , , , , , , , , , , ,

Valentine’s Day is coming – Is romance in the air at your workplace?

Just like back in high school a workplace gossip mill goes into overdrive at the hint of a workplace romance, or even better, a messy breakup.

 

, , , , , , , , , , , , , , , , , , , , , , , , ,

Conflicted about the acceptance or giving of gifts to clients or customers

Who doesn’t like to give or receive a gift, especially around holiday times? It is common practice (even expected practice) in some industries to recognize clients or customers with some sort of gift. Employers should ensure that it has adequate policies to inform and advise employees of the conduct and behaviour that is expected of them in the context of the industry in which the employer operates.

 

, , , , , , , , , , , , , , , ,

Slaw: Saskatchewan employer successful in enforcing non-compete clause

The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.

 

, , , , , , , , , , , ,

Lack of facts doesn’t keep a good judge down

business man stealing computer

In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.

 

, , , , , , , , , , , , , , ,

Court confirms high threshold to enjoin a former employee from engaging in competition

cartoon men with ties standing on target

In Survival Systems Training Ltd. v. Survival Systems Ltd., the Nova Scotia Supreme Court recently dismissed a company’s motion for a injunction to prevent former employees from engaging in competitive activities. The Court confirmed that employers must meet a high threshold in order secure an injunction which would effectively prevent a former employee from working in their chosen vocation.

 

, , , , , , , , ,

Employer had just cause to terminate an employee who worked a second job

In some unfortunate cases, Canadians need to work two jobs in order to make ends meet. Well, it seems that sometimes taking a second job may not be a good idea. The British Columbia Provincial Court recently found that an employer could terminate an employee for just cause because that employee had a second job and refused to quit when she was asked.

 

, , , , , , , , , , , , , , , , ,