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Archives for October 2013

By Earl Altman | 3 Minutes Read October 23, 2013

Old employment contracts can come back to bite you – or help you

A recent decision of the Ontario Superior Court considered the termination of an employee of Open Text Corporation who had been working for Open Text and its predecessor corporations for 17 years. There was no agreement governing his employment with the first company and it received little updating through two more acquisitions. When he was terminated, he complained that the original contract was void due to the transitions and sued for common law notice...

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / agreement governing employment, canadian employment law, common law notice, confidentiality and non-solicitation agreement, corporate law, corporate transactions, employment contracts, employment law, employment relationship, employment standards act, Notice of termination, severance package, termination an employee, termination letter, wrongful dismissal damages

By PeopleInsight Workforce Analytics | 3 Minutes Read October 22, 2013

Budget 2014: Getting workforce analytics on the plan

Maybe it's just me, but in the fall, I tend to roost a little, reflect and get some planning done for next year. Many businesses do the same...and many of you are wrapped up in 2014 Budget Planning cycle right now.

Article by PeopleInsight Workforce Analytics / Employee Relations / 2014 Budget Planning cycle, accounting, Budget 2014, business case and ROI, business decisions, businesses, competitive advantage, data-driven insights to their Executive discussions, disconnected HR systems, finance, fiscal year, Harvard Business Review, HR and workforce data, investigate workforce analytics options, recruitment channel, underperforming budget, workforce analytics, workforce data

By Adam Gorley | 2 Minutes Read October 21, 2013

Five-year commercial restrictive covenant upheld

Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.

Article by Adam Gorley / Business, Finance and Accounting / asset purchase agreement, Civil Code of Quebec, compete with former employer, competitive activities, contract, employer-employee relationship, employment agreement, employment contracts, Guay v. Payette, hybrid clause, non-competition, non-solicitation, Quebec, Quebec Superior Court, restrictive covenant, sale contract, sale of business, Supreme Court of Canada, termination without cause, territorial limit, territorial limitation, transfer of business

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