To many Americans, Canada might appear to be a parallel universe: a land of courteous people who generally speak English yet do not hold American citizenship—a country that is both close and far away. Others remember Canada as the country that invaded the United States in 1812 and burned down the White House (despite the fact that Canada did not exist at the time, and the British bear sole responsibility for the attack on Washington, DC). However, approximately 800,000 US citizens call Canada home. Cities such as Toronto, Calgary, Vancouver, and Edmonton, as well as other parts of the country near the US border, have large numbers of US expats. Taxpayers in Canada must pay both federal and provincial (or territorial) taxes, much as citizens of the United States do to the IRS and state governments. The primary distinction is that most Canadian provinces (with the exception of Quebec) do not need the filing of a separate return; the federal government collects provincial. Because o...
Data that should be kept secret When it comes to protecting private information, Canadian judges don't hesitate to enforce the law. While it's true that a court will carefully consider whether the information is actually secret, this doesn't mean that protecting the employer's private right is in direct conflict with the employee's ability to be paid at their new job.Dealing with people who misuse private information is hard because it's hard to prove the breach itself.Clauses against competingThe most restrictive of the agreements we've talked about so far is a non-competition covenant. There should only be a non-competition clause if the former employee's very position in the job market will clearly hurt the former employer because of the knowledge or goodwill that was built between the employee and former employer while they were working together. A non-competition covenant will only be enforced if a non-solicitation agreement would not have been enough to protect the boss. This doesn't happen very often.
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Non-solicitation clauses are very common. They can be a good and fair way to stop workers from doing things that could hurt their former employer's business. While a non-competition covenant can make it hard for an employee to make a living, a nonsolicitation covenant, as long as it is carefully tailored to the employee's job and activities at the company, can help them do so. Also, remember that clients and customers can pick whichever goods or service company they want.Taking action An employer's most common response to what they see as a breach of a restrictive covenant is to start injunctive procedures right away to stop the breach. Because of how rapid injunctive relief works, deciding whether restrictive covenants are enforceable and making that decision is usually done quickly. Some employers, though, choose to tell the former worker and then "wait and see" to see what damage, if any, happens. If there is any, they then decide to sue for breach of contract and seek damages.
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Cases have made it clear that an employee who is fired is in a better position than an employee who quits willingly, maybe in order to compete. Also, employers have been able to make strong cases that restrictive covenants agreed to during the sale of a business, where the bargaining power is usually more equal, can help them defend the covenant as more fair in some situations. If an employer fires an employee without a good reason, the CCQ says that the employer loses the advantage of the non-competition covenant.This part talks about the most important parts of joining a union in Canada and what happens at work when there is one.As we already said, Canada's employment rules are mostly set by the country's provinces. The same goes for labor rules. Employers are governed by provincial labor rules unless they are an interprovincial business like a bank, an international transportation company or pipeline, or a telecommunications company.
Canada's labor rules were based on the National Labor Relations Act (1935) in the United States. A lot of the ideas behind Canadian labor law come from the United States. There are, however, many differences in how the different labor boards handle key issues in union certification drives and unfair labor practice cases. This is because the boards have been making decisions for many decades. In fact, there are differences in the laws and how the labor boards handle the same problems even within the same province, like British Columbia and Alberta.
Human resources techniques that are proactive and forward-thinking are still the best way to keep Canadian workplaces union-free.jpg)
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Our experiences have shown that Canadian workers may turn to unions when their bosses are rude and don't listen to them.A different area or business in Canada has a different rate of unionization in the private sector. In general, Canada's unions are smaller and less common than they were a generation ago.An boss will often see or hear about a union drive when it is still in its early stages. It is very important to talk to a lawyer as soon as possible. During a union drive, most places allow "employer free speech." However, any actions or words that could be seen as coercive will likely be challenged by the organizing union as an unfair labor practice.During a union drive, it is against the law in Canada to look for supporters, hold meetings with workers in front of a captive audience, or change the terms and conditions of employment.In all places, a union that wants to represent a group of workers as a bargaining unit must show that they have a certain amount of support, usually between 35% and 45%. It will then be up to the labor board to decide if the union's application is valid. An planned secret ballot vote by the labor board will happen once all the necessary conditions are met.
Many times, the result is decided by the votes of 50% plus one of the employees. When a union files an application, workers usually get to vote early in the process, usually within seven to fourteen days. A vote by the workers can sometimes decide what to do about unfair labor practice charges.
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