Canada: Employer Not Required To Bridge Terminated Employee To Retirement

Non-unionized employees are entitled to “reasonable notice” of termination under the common law, or pay in lieu of such notice. The only exceptions are if an employee is employed on a fixed term, has a defined contractual entitlement on termination or just cause exists for termination.

Employee entitlements to reasonable notice at common law are not based on a formula, but by a case-by-case assessment of various factors, such as length of service, age, nature […]

By | April 21st, 2015 ||

Canada: Canadian Foreign Worker Program Changing AGAIN

Further to the myriad of changes that have affected Canada’s Temporary Worker Program in the last few years, it appears that we still haven’t seen the end. This change impacts LMIA applications.

Effective April 30, a new method of identifying employer requirements to recruit foreign workers will be implemented. This change was contemplated previously (with the June 2014 amendments), but it is only set to come into force now.

Until now, under the post-June 2014 scheme, […]

By | April 21st, 2015 ||

Australia: Implied terms in employment contracts: “Good faith and fair dealing” — son of “trust and confidence”? The jury (and the judges) are still “out”…

As is generally known amongst workplace law or relations practitioners, on 10 September 2014 the High Court decided in Commonwealth Bank of Australia v Barker [2014] HCA 32 that there is no term of “trust and confidence” implied by law in employment contracts in Australia, but left open the possibility that there may be an implied term of “good faith” in all contracts, including employment contracts – see [42] per French CJ, Bell and […]

By | April 21st, 2015 ||