Employment in Canada is not “at will”. But is at will employment really all it’s cracked up to be? Does it make the United States a friendlier place for employers?
We don’t think so and we are happy to engage Jeff Polsky in the discussion.
Jeff started this on the California Employment Law blog with a post, Like a Whole Different Country, suggesting that being an employer without at will employment was too scary to contemplate. Well, the fact is that employers in Canada are doing just fine, thank you very much, having traded the lottery of at will … Continue Reading
Big news from Ontario on overtime claims – the Court of Appeal will allow claims for statutory overtime by CIBC and Bank of Nova Scotia employees to proceed as class actions.
Fortunately for British Columbia employers, such class actions are still not possible in British Columbia.
CIBC won the first two rounds of the fight, and BNS was hoping to get the same break at the Ontario Court of Appeal. Instead, both class action claims have been certified, allowing the overtime claims on behalf of the banks’ employees to proceed. Subject to appeals to the Supreme Court of Canada, employees … Continue Reading
A recent Ontario Court of Appeal decision sounds a warning to employers – if you want to have a set amount of notice or compensation for termination without cause, AND you want to require the former employee to mitigate, you need to say so explicitly in the contract.
Goss Power Products had a written contract with its employee Bowes that stipulated that he would get six months notice or salary in lieu of notice if he was terminated without cause. On termination, Bowes was told he would get six months salary continuance if he looked for other employment. He was … Continue Reading