Context is key for covenants June 30, 2014 Siobhan O’Brien Siobhan O’Brien of Hicks Morley looks at the deference afforded to restrictive covenants through the lens of the Supreme Court decision in Payette v. Guay inc.…
Enforcing post-employment obligations and restrictive covenants June 30, 2014 Sean Kelly Here’s an argument for clear writing: Sean Kelly looks at two recent Nova Scotia cases that exemplify the difficulty employers have enforcing post-employment obligations of departing employees...
No age discrimination in mandatory retirement under a bona fide pension plan June 30, 2014 Krista Smith While arbitrators and boards of inquiry have in recent years found ways around the statutory exemption to age discrimination, Krista S. says a Board of Inquiry appointed under the Nova Scotia Human Rights Act has confirmed…
Provincial rules apply to federal workers’ compensation claims June 30, 2014 David Debenham and Ruba El-Sayegh Should a federal worker be denied his or her federal benefits because of restrictions in provincial legislation? Should a federal worker injured in a federal park be treated differently if the park happens to be in Alberta rather than New Brunswick?
If you want to set up shop, you’ll have to pay the price June 30, 2014 Jennifer A. Craig Dr. Stephanie Rhebergen signed a three-year agreement with a veterinary clinic after she obtained her licence to practice, in order to obtain her necessary hands-on training. Included was a clause that required her to pay a certain amount…
An employee’s remedy against the union for failure to represent on grounds of discrimination: The Court of Appeal clarifies the remedy March 16, 2014 Marc Mancini Unions have the right to act in the best interests of the collective, Quebec’s Court of Appeal ruled in a case were a woman claimed her union had breached its duty to protect her by failing to file a grievance on her behalf. Marc Mancini explains.
Does the Charter protect the right to strike? March 16, 2014 Brenda Comeau This fall the SCC showed itself willing to revisit earlier rulings on high-profile topics such as prostitution and physician-assisted suicide. Its decision to hear a case in which it will reconsider its position on the right to strike…
Top five human rights decisions of 2013 March 16, 2014 Kathryn L. Meehan Kathryn L. Meehan of Hicks Morley took on the difficult task of narrowing down 2013’s human rights decisions to the top five. Read on to discover her choices, and her thoughts about what message they send to employers.
The Supreme Court of Canada’s labour and employment docket in 2013 March 16, 2014 Len Polsky In 2013, the Supreme Court of Canada rendered eight decisions in labour and employment law which addressed a wide array of issues. Len Polsky of the Law Society of Alberta takes a look at the individual cases.
Case comment: R v. XI Technologies Inc. March 16, 2014 Krish Maharaj and Walter Pavlic, Q.C. An employer’s responsibility to ensure the safety of employees extends even to unconventional circumstances – like a marketing gimmick to entertain clients – as long as the employee is carrying out an act to benefit the employer.