When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.
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.
The increasing internationalization of employment has resulted in greater complexity for employers in determining which country’s laws will apply to the employment relationships they enter. While the general presumption is that the law of the province, territory or state in which the employee works will apply, the appropriate locale is not always easy to determine. The employee may work in a number of jurisdictions, or be hired in one jurisdiction and placed to work in another. In order to avoid the potential pitfalls in such relationships...