corporations

Where to sue – A complex issue of jurisdiction in wrongful dismissal

August 27, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Notice, Damages and Settlements, Payroll

Through mergers and expansion many Canadian companies now have substantial foreign operations. As a result, employees often find themselves, whether by choice or compulsion, transferred to a foreign country. When a dispute arises with the employer while the employee is working in that foreign country, the question arises as to which justice system will take jurisdiction over that dispute. Clearly, the obligation on the employee to sue in the foreign jurisdiction will increase both the cost and the inconvenience of enforcing her rights under her contract of employment, whether written or oral.

Business, canadian employment law, contract of employment, corporations, Dismissal, employment, employment law, expansion, foreign jurisdiction, forum non conveniens, jurisdiction, lawsuit, management, mergers, pierce the corporate veil, terminated without notice or pay in lieu of notice, termination, terminations, tort or breach of contract, Where to sue, working in a foreign country, wrongful dismissal