October 30, 2002

Giving appropriate working notice

Question: What are the necessary steps for giving a terminated employee working notice that is valid? Answer: Working notice allows an employer the opportunity to terminate an employee without having to pay out a large amount of pay in lieu of notice because actual working notice of termination is provided. In order to give proper…

October 30, 2002

Fixed-term contracts

Question: What happens when an employee on a fixed-term contract works past the expiry of the fixed term? Answer: A fixed-term contract allows an employer to hire an employee for a specific period of time, at the end of which the employee’s term of employment comes to an end. Under a fixed-term contract the employee…

October 21, 2002

Stock option plans hit the courts

An employee may be terminated but rights to stock options can live on Stock option plans have become a staple of employment compensation, especially for executives and employees in the technology field. Now options are finding their way into termination disputes and the legal system. Canadian courts have made it clear that unless companies are…

October 16, 2002

Tracking employees Internet and e-mail use

Question: We are concerned that some of our employees may be using the Internet to visit non-work-related Web sites on company time. We would like to track Internet and e-mail use in order to determine whether these suspicions can be substantiated. Are there any legal issues we should be aware of with respect to privacy?…

October 16, 2002

Do employers have to provide a reference to departing staff?

Question: What obligations does an employer have to provide a reference to a departing employee? Answer: An employer has no legal obligation to provide a former employee with a reference, whether the employee resigned or was dismissed with or without cause. Nonetheless, a failure to provide a reference to a terminated employee may result in…

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