Canada: Quick Fixes: How To Avoid Prosecution Under The Employment Standards Act, 2000

Most of the time it only takes a couple of tweaks to ensure your company avoids getting fined for violating the Employment Standards Act, 2000 (“ESA”).

What gets employers in trouble most often? According to the Ministry of Labour (“MOL”), most complaints and violations of the ESA relate to overtime pay, vacation time/vacation pay, deductions from wages, and payments due on termination. Between 2007-2013, the MOL investigated over 100,000 complaints and launched over 11,000 targeted […]

By | October 14th, 2014 ||

Australia: Can the springboard principle be applied to restrain a former employee?

IN BRIEF
Employers have struggled in the past to find ways of restraining a former employee from setting up in competition and from soliciting their clients and their goodwill in the absence of a dedicated restraint of trade covenant contained in the employee’s contract of employment.

However, a recent decision of the Federal Court of Australia in APT Technology Pty Ltd v Aladesaye [2014] FCA 966 (5 September 2014), seems to have come to the aid […]

By | October 14th, 2014 ||

Canada: Executive Loses Incentive Comp Upon Resignation – Contract Enforceable, Court Finds No Restraint On Trade

The Ontario Superior Court of Justice upheld a contract that forced an employee to forfeit restricted shares upon resignation in Levinsky v The Toronto-Dominion Bank.

The Plaintiff, a Vice President and Managing Director at the bank, participated in the bank’s Long Term Compensation Plan. The Plan granted the Plaintiff Restricted Share Units each year. Under the Plan, shares that had not yet matured would be forfeited upon resignation. The Plaintiff resigned in 2010, and accordingly, […]

By | October 13th, 2014 ||