Canada: Court Of Appeal Strikes Down Yet Another Termination Clause

Recent Ontario court decisions have not been kind to employers seeking to limit employees’ termination entitlements through use of contractual language. Seemingly any imperfection in drafting, no matter how slight, has been relied on to hold the clauses invalid.

In March, for example, the Ontario Court of Appeal confirmed that where a termination clause provides less than any one of the minimum entitlements on termination called for in the Employment Standards Act, 2000(“ESA”), it is unenforceable […]

By | October 24th, 2017 ||

How To Structure Global Mobility Assignments, Expatriate Postings And Cross-Border Secondments

Because multinationals by definition operate internationally, they often post staff overseas. In structuring overseas postings, multinationals inevitably struggle with the interplay between expatriate assignment strategy and the legal ramifications of a particular foreign posting. Legal issues in play in structuring an expatriate assignment go beyond the need for a visa, and include compliance with payroll laws, employment laws and “permanent establishment” (corporate tax presence).

Multinationals sometimes jump to the conclusion that there must be one […]

By | October 20th, 2017 ||

Delivering Value In Labor And Employment Law

In this rapidly changing business landscape, the pressure to adapt, foresee and manage legal risk while reducing spend continues to rise for in-house lawyers responsible for labor and employment. International law firm Proskauer has released its report on their second Value Insights: Delivering Value In Labor and Employment Law survey which addresses how in-house counsel can better maximize the performance of their own legal team; optimize partnerships with outside counsel; enhance collaboration with HR and other […]

By | October 18th, 2017 ||