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Labour and Employment Law
Labour and employment law is a complex and constantly evolving area of law. What was once acceptable only a few years ago may no longer be today. In addition to numerous statutory and regulatory requirements, there are significant differences in the law depending on whether a unionized or non-unionized workplace is involved.
Our office has knowledge and expertise in numerous facets of labour and employment law, including:
- Employment Contracts
- Non-Competition Clauses
- Constructive Dismissal
- Wrongful Dismissal
- Workplace Harassment Investigations
- Human Rights Violations in the Workplace
- Workplace Privacy
- The Duty to Accomodate
- Frustration of Contract
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Open communication, understanding, and mutual respect and key creating and maintaining a great client and lawyer relationship.
Our lawyers are members in good standing with the Law Society of Manitoba, and the Canadian and Manitoba Bar Associations.
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An improperly drafted or executed employment contract can have the effect of rendering part, or even all of the contract unenforceable.
One common scenario is a dispute over whether the termination clause of an employment contract is valid, specifically the portion dealing with a terminated employee’s notice period. Without a proper termination clause, a terminated employee may be entitled to a far longer notice period (or pay in lieu of notice) than the minimum amount prescribed by Manitoba Employment Standards legislation.
Many contracts will contain restrictive covenants such as a non-competition clause, or a “Non-Compete Agreement” (NCA) which is designed to prevent departing employees from working with a competing company. However, many don’t realize how difficult enforcing such a clause can be.
Common factors considered by the courts in weighing whether a non-competition clause is reasonable and will be enforced include, but are not limited to:
- The temporal scope of the clause
- The geographic scope of the clause
- What the clause is actually trying to prevent you from doing
- Whether the position of the employee changed since the signing of their contract
- Whether the person signing the contract had an opportunity to seek legal advice about the contents of their contract prior to signing
- Whether the employer has typically allowed other departing employees to work for a competitor without attempting to enforce the non-competition clause
- Whether any elements of the clause are overly broad or vague
Don’t leave anything to chance. Contact our office and consult with our team of experienced lawyers.
Constructive dismissal occurs when an employer makes a significant change to a fundamental term of the employee’s employment contract without their consent, and without giving the proper notice.
Common claims of constructive dismissal can include a drastic change in work hours or location, or significant changes to job responsibilities or privileges. In addition, many cases of workplace harassment that was not properly addressed by the employer have led to a finding of constructive dismissal since the right to be treated with fairness and respect has been found to be an implied term of any employment contract.
If you believe you may have been constructively dismissed, or you are an employer faced with a potential constructive dismissal claim, contact our office today and let our experienced lawyers guide you through your options.