October 2, 2002

The Interview – Can an Employer Ask If a Candidate Has Children?

Question: We are seeking to fill a secretarial position that requires the employee to work overtime hours on a regular basis. Is there a problem with asking any potential new hire whether or not she has any family obligations (such as children), which might prevent her from fulfilling the requirements of the job? Answer: Provincial…

October 2, 2002

Termination and releases

Having terminated workers sign releases Question: Our company has been severely hit by the economic downturn and it is necessary that we terminate a number of our employees. We intend to offer the dismissed employees severance packages. Should we require the terminated employees to sign releases or will this just invite legal intervention causing more…

October 2, 2002

Can existing staff be asked to sign new employment contracts?

Question: When we first started the company we did not require our employees to sign an employment contract upon hiring. We have since implemented a policy of having new hires sign written employment contracts and are wondering if we can also ask our existing employees to do the same. Answer: Generally, an employer cannot insist…

September 30, 2002

Reasonable notice for part-time employees

Question: Is there any difference in the calculation of reasonable notice for a part-time employee as opposed to a full-time employee? Answer: The case law suggests that the calculation of reasonable notice should be the same regardless of whether the employee works part time or full time. The courts have held that an employee can…

September 23, 2002

Safeguarding directors from liability

Add employee expenses to payments directors are personally on the hook for When Sahelian Goldfields Inc. declared bankruptcy, employees were left in a bind. Staff had signed employment contracts promising reimbursement for all reasonable expenses incurred in the course of their employment, including food and travel expenses. However, at the time of the bankruptcy the…

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