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Employment Contracts

Advertisement in trade magazine, launching of website establish prima facie breach of non-solicit agreement

Jurisdiction: - British Columbia
Sector: - Insurance

In Hub International (Richmond Auto Mall) Ltd. v. Mendham, 2011 BCSC 1780, the BC Supreme Court found that a former employee's advertisement for his new marine insurance company in a trade magazine and the launching of his new company's website established a prima facie breach of the non-solicit agreement he had entered into with his former employer, Hub International.

Specifically, the court stated:  read more »

Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation

Jurisdiction: - Ontario

In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.

"10 Best Practices in Employment Law"

Lauren M. Bernardi, a lawyer and human resource advisor with the Mississauga firm of Bernardi Human Resource Law, has prepared a list of the "10 Best Practices in Employment Law" (undated).

As further explained in the publication, her 10 best practices are:

  1. Use a complete hiring strategy.
  2. Use employment agreements. 
  3. Use job descriptions. 
  4. Use independent contractors only where appropriate.
  5. Implement employee policies. 
  6. Use progressive discipline. 
  7. Implement a harassment policy. 
  8. Conduct performance evaluations. 
  9. Document, document, document. 
  10. Be fair.

BC Government releases severance payouts given to 13 political staffers and bureaucrats

Jurisdiction: - British Columbia

The BC Ministry of Finance posted on Information Bulletin on its website today that outlined the severance payouts given to 13 recently departed political staffers and bureaucrats.

The media has reported that the 13 left government, or were forced to leave government, when Christy Clark took over from Gordon Campbell as premier.

In its entirety, the Bulletin reads as follows:

Government posts severance information

Recent organizational changes in government have resulted in the departure of the following employees, all of whom received severance in accordance with the Public Sector Employers' Act. Severance includes salary and employer paid benefits and executive holdback pay as noted.  read more »