CAN I PREVENT COMPETITION FROM PAST EMPLOYEES?

01. August 2019 0
Many employers ask if they can prevent an employee from competing with them or soliciting clients after they leave their employment. There are many reasons that employers will want to do this. Depending on the nature of the industry, an employee’s ability to compete can result in the loss of a large portion of clientele, ...

WHEN IS AN INDEPENDENT CONTRACTOR NOT SO INDEPENDENT?

19. July 2019 0
Many employers use a variety of types of arrangements for their workforce.  One of the arrangements we see quite frequently is that of independent contractor.  An independent contractor relationship has a variety of benefits both for the contractor and for the employer.  One of the key benefits for the employer is the ability to limit ...

CAN I TERMINATE AN EMPLOYEE FOR INCOMPETENCE?

11. July 2019 0
A common question I am often asked is whether an employer can terminate an employee for cause who just is not doing a good job.  Terminating for cause rather than without cause carries with it the significant savings of not having to provide a severance package.  Our courts have held that there are very limited ...

ARE YOUR RESPECTFUL WORKPLACE POLICIES COMPLIANT WITH WORKSAFE BC REQUIREMENTS?

09. July 2019 0
WorkSafeBC requires all employers to both take reasonable steps to prevent or minimize workplace bullying and harassment and also requires employers to develop and implement written procedures for the reporting of incidents or complaints of workplace harassment and bullying.  Section 115(1)(a) and Section 115(2)(e) of the Workers Compensation Act place the following duties on the ...

The Potential High Cost of Promotions

18. June 2019 0
A recent decision by the Saskatchewan Queens Bench, McKercher v. Stantec Architecture Ltd., 2019 SKQB 100, highlights the potential exposure to liability for employers when they promote employees without putting in place new employment agreements.  McKercher was terminated after 11 years service.  His role with Stantec had changed significantly over his years of employment.  When ...

How Can I Limit my Potential Liability to Employees?

13. June 2019 0
Contracts, contracts, contracts.  It cannot be said enough times.  The only way to limit potential liability to employees on termination is through a comprehensive employment agreement that sets out at the commencement of the employment relationship, what will happen on termination.  Without such an agreement, plan on being exposed to liability for common law notice ...