In the UK, a post termination restrictive covenant will be void for being in restraint of trade unless the employer has a legitimate business interest to protect and the protection sought is no more than is reasonable to protect that interest. The interests which can be protected are clients, staff, and confidential information. One type
September 2017
Termination and Flawed Performance Management Leads to Aggravated Damages Award


Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier. The recent decision of Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (“Cottrill”) is a good reminder of the importance of proactive and proper performance management, especially for underperforming employees.…
Ontario Bill 148, as amended, cuts back on proposals authorizing the Board to review the structure of bargaining units

Ontario is one of a few Canadian jurisdictions that does not give its labour board the general authority to review, consolidate and otherwise amend bargaining units. In the Changing Workplaces Review Final Report, the special advisors recommended giving the Ontario Labour Relations Board (“Board”) the power to modify bargaining unit structures, if the…
Proposed amendments to Ontario Bill 148 address security and confidentiality of employee lists disclosed during union campaigns

The Fair Workplaces, Better Jobs Act, 2017 (Bill 148), introduced on June 1, 2017, proposed adding a new section 6.1 to provisions in the Ontario Labour Relations Act, 1995 (“LRA”) that address union campaigns to establish bargaining rights. Headed “Establishment of Bargaining Rights by Certification”, the new section (which does not apply to…
Amendments to the Ontario Bill 148 include new entitlement to Domestic or Sexual Violence Leave

The version of Ontario Bill 148 introduced by Premier Wynne and Labour Minister Flynn in June included significant changes to the personal emergency leave (“PEL”) entitlement under the current Employment Standards Act, 2000 (“ESA”). It eliminated the 50+ employee eligibility threshold, entitling all employees to 2 paid and 8 unpaid PEL days each…
Update on Ontario Bill 148: Amendments to “equal pay for equal work” provisions provide some guidance for employers

The Employment Standards Act, 2000 contemplates equal pay between the sexes. As we reported in June, Ontario Bill 148 proposes adding “new equal pay for equal work” provisions that mandate paying casual, part-time, temporary, and seasonal employees be paid the at the same rate as regular full-time employees who perform the same job for the…
“Scheduling” provisions amended as the Ontario Bill 148 advances to Second Reading

Scheduling of work under the Employment Standards Act, 2000 (“ESA”) is one of several sections in Bill 148 affected by recent amendments.
Currently, the ESA does not regulate an employer’s right to schedule work, aside from providing that an employee who attends a scheduled shift must receive at least three hours’ pay,…
Status Update on Bill 148: The Overhaul of Ontario’s Labour and Employment Laws Continues

The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is the Ontario government’s blueprint for overhauling the province’s labour and employment laws. Incorporating union-friendly changes to the Labour Relations Act, 1995 (LRA) and enhanced employee entitlements under the Employment Standards Act, 2000 (ESA), Bill 148 represents a wide swing to the…
Non-Solicitation Provisions: Go Narrow or Risk Unenforceability

Employers need to protect their customer base. Employees need to retain control and autonomy over their lives. The potential conflict between basic tenets of the employer-employee relationship are readily apparent in Donaldson Travel Inc v Murphy, 2016 ONCA 649 [Donaldson Travel]. In that recent decision, Ontario Court of Appeal emphasizes the difference between non-solicit…
A New Era in Franchising Compliance is Here


The Federal Government’s Protecting Vulnerable Workers Bill received the Royal Assent on 14 September 2017. With the exception of the provisions in relation to responsible franchisors (which commence on 27 October 2017), the Fair Work Amendment (Protection of Vulnerable Workers) Act 2017 (Cth) (Act) commenced on Friday 15 September 2017.
We recommend that franchisors take appropriate steps to protect their businesses. In this article, we examine what the amendments mean for franchisors and provide recommendations for a carefully considered approach to assist franchisors in complying with the new laws while continuing to foster a collaborative relationship between them and their franchisees.