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How Enforceable Are Non-Competition and Non-Solicitation Clauses, Really?

Restrictive covenants in an employment context seek to limit a former employee’s ability to compete for and/or solicit clients in the industry once the employment relationship is terminated. Think non-competition…

My Employer Reduced My Salary, Can I Claim Constructive Dismissal?

An employee’s salary is generally a fundamental component of an employee’s contract, and an employer cannot unilaterally change a fundamental term of employment in a contract without being at risk…

I Was Wrongfully Dismissed, How Much Can I Sue For?

Refresher on Wrongful Dismissal A wrongful dismissal occurs when an employee’s employment is terminated without adequate notice or pay in lieu of notice. If an employee has been wrongfully dismissed,…

Are Electronic Employment Contracts Legal in Canada?

In Canada, many people believe that physical signatures have greater legitimacy than digital ones. Accordingly, employers continue to be hesitant to the idea of electronically signed employment agreements particularly in…

Court Clarifies ‘Exceptional’ Circumstances in Notice Period Awards

An employee is entitled to receive reasonable notice of the termination of their employment under common law unless that right has been limited by an enforceable contractual provision. While in…

Contract Language: Courts’ Decisions May Surprise You!

There are often circumstances where you look at a contract and it’s tempting to be confident as to how a court will decide a case.  For example, employees may be…

Understanding Employment Law 03

Duty to Investigate Workplace Issues Many employers will be aware of the need to investigate allegations of workplace human rights abuses. The duty to investigate is, however, not one limited…