Alberta Employment Law Update Spring 2012

N THIS ISSUE

Subsequent event evidence. The Alberta Court of Queen’s Bench overturned a Provincial Court decision, noting the differences between after-acquired knowledge and post-termination conduct, and clarifying the proper test for reasonable notice.
Contractual salary suspension and non-solicitation provisions. The Alberta Court of Queen’s Bench held that contractual salary suspensions of a plaintiff sports agent during the NHL lockout were admissible, provided the agent still received the minimum wage. The Court also held that the agent’s knowledge […]

By | May 30th, 2012 ||

Criminal Background Checks: Evolution Of The EEOC's Updated Guidance

Summary: On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (hereinafter “Updated Guidance”) concerning the use of criminal records by employers. The EEOC issued the Updated Guidance “on the heels” of its January 2012 announcement of a $3.1 million settlement with an employer following the EEOC’s finding that […]

By | May 22nd, 2012 ||

Dresdner Kleinwort Bonus Litigation – What It Means For All Employers

A group of former Dresdner Kleinwort bankers recently established the right in the High Court to a share of a bonus pool of €400 million.  Few employers have such largesse to distribute, but the case highlights some important points about discretionary bonuses:

announcing a minimum or guaranteed bonus pool can create a contractual obligation to distribute it;
even if each individual employee’s award from the pool is discretionary and subject to their personal performance, the employer […]

By | May 22nd, 2012 ||