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In a previous post, we discussed the Supreme Court of Canada’s (“SCC“) decision in Potter v. New Brunswick (Legal Aid Services Commission), in which the SCC purported to clarify the test for constructive dismissal as it applied to suspensions. But does the decision apply to all suspensions? What if an employee is suspended because of misconduct? Or pending determination of criminal charges? And do employers have to continue paying employees while suspended for these reasons?

To help provide some guidance, we will be publishing a two-part series dedicated to the issue of suspensions: what types of suspensions exist, when suspensions should be paid, and – perhaps most importantly – what types of suspensions courts may consider to have been constructive dismissals. This post will provide an overview of the law relating to paid suspensions, while our next post in the series will address unpaid suspensions.…
Continue Reading Suspensions in the Post-Potter Age: Key Take-Aways for Employers (Part 1)

This two-hour CLE program will provide in-house counsel, HR professionals and business leaders with practical guidance and checklists to tackle the key issues that arise when their company moves into new jurisdictions around the world. We will look at three critical elements of international expansion:

  1. Getting the Structure Right, Early.  What factors do you consider when choosing the type of business entity to use for a particular type of business, long term objective and country?  Understand the impact your choice of business entity can have on your future business and related legal issues.
  2. Realities of Global Employment.  What are the most significant international employment, hiring and termination issues for in-house counsel dealing with international expansion and ongoing operations? Take away strategies to help you avoid the biggest pitfalls and successfully manage a global workforce.
  3. Equity Compensation.  How are companies thinking about equity outside of Canada? Learn whether the use of equity grants to provide future incentives and variable compensation for executives and other employees is available or advisable in other jurisdictions in light of securities law, tax withholding/reporting, exchange controls and other requirements.

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Continue Reading Going Global: A Practical Survival Guide for Canadian Multinational Employers (May 28, 2015)

One of the questions we are commonly asked by non-unionized employers is whether they should use written employment agreements with their employees. While written employment agreements are not a replacement for sound human resources planning or judgment, a well-written agreement, tailored to the specifics of the employment relationship, can be an invaluable component of successfully managing employees throughout the life-cycle of the employment relationship, beginning to end.
Continue Reading Early New Year’s Resolutions: Are You Using Written Employment Agreements With Your Canadian Employees?