restrictive covenant

Top 3 mistakes of executives upon termination

March 9, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Payroll, Pensions and Benefits, Wages and Compensation

Whether a frontline employee on an hourly wage or a senior salaried executive with extensive and complicated variable compensation, there is an equally shared truth upon termination of employment: it hurts, and you are now required to negotiate your termination package in the midst of emotional and financial turmoil.

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Alleged breach of settlement agreement

October 2, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

It happens every now and then: the parties to a wrongful dismissal dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they do so?

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Breaching confidentiality provisions of a settlement agreement can cost you!

February 18, 2015 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

To discourage the disclosure of details of settlements to third parties, confidentiality provisions are often included in settlement agreements between an employer and a former employee.

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Beyond bardal: The presence of a non-competition clause as a reasonable notice factor

September 8, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

While many employers may be aware of the difficulties in enforcing non-competition clauses, they may not be aware of another risk associated with such clauses: their potential to increase the reasonable notice period.

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Most-viewed articles this week on HRinfodesk

July 11, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with breach of confidentiality clauses in settlement agreements; how an employer was held liable despite the employee having suffered no discrimination; and how individuals can now delay receiving their Old Age Security pension plan.

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Navigating the minefield: Court of Appeal reiterates distaste for restrictive covenants

January 23, 2012 Earl Altman Employee Relations, Human Resources

Hunter Harrison, the former Chief Executive Officer of Canadian National Railway (CNR), faces a dilemma in dealing with his obligations under a non-compete covenant to his former employer. Harrison is being pursued by CNR competitor Canadian Pacific Railway to assume the position of CEO, but taking that position might violate the non-compete agreement.

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Superior court refuses employer’s request for injunction

July 6, 2010 Earl Altman Employment/Labour Standards, Human Resources

In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…

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Competing with former employers

June 15, 2010 Earl Altman Employment/Labour Standards, Human Resources

The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.

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Employee exodus: has Moses led your employees to the promised land?

May 18, 2010 Earl Altman Employment/Labour Standards, Human Resources

You arrive at the office Monday morning to discover that your Senior Vice-President of Marketing and three of your sales people have resigned and accepted jobs with your competitor. You quickly realize that this has the potential of seriously harming, if not destroying, the company’s business. Do you have any recourse against the departing employees or the company to which they have moved?

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Jail for lying in a civil action?

November 5, 2009 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.

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