Co-working or shared working spaces are increasingly being used to keep up with the volatile and ever-changing business landscape. From gig workers and freelancers to project teams, modern workforce needs are being met through the short-term nature, reduced costs, and diverse and agile environments that these innovative workplaces offer. We’re pleased to share our timely

A recent decision of the Ontario Court of Appeal (ONCA) has provided clarity in the debate over the validity of termination clauses in employment contracts that are silent on continuation of benefits through the statutory notice period.
Continue Reading The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

In this series, we have explored the costs and benefits of incorporating arbitration clauses into employment agreements, the enforceability of such clauses, and issues to consider when drafting. Let’s say you resolve a dispute under an arbitration agreement and the arbitrator has granted an award. Now what?

In this post, we discuss the options for enforcing and challenging an arbitral award in Canadian courts. While we focus on enforcement and challenge of awards in Ontario, similar procedures and provisions apply throughout the country. 
Continue Reading To Arbitrate or Not to Arbitrate: Alternatives to Litigation in the Employment Context (Part 4)

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.

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

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits. There have been similar decisions in Canada, where courts have generally taken a deferential approach to decisions by arbitrators. But what exactly does arbitration entail? And should your company include arbitration clauses in its employment contracts? What are the costs and benefits of arbitration?
Continue Reading To Arbitrate or Not to Arbitrate: Alternatives to Litigation in the Employment Context (Part 1)

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?

Corporate restructuring often requires an employee to change roles. If that change constitutes a fundamental change to the employee’s employment contract, the employer may become liable to that employee for a constructive dismissal. But how significant must the change be to qualify as a “fundamental change” resulting in constructive dismissal?
Continue Reading Is a Demotion a Constructive Dismissal?