An employer may enter into a written employment contract with an employee. This is often the case with senior management personnel. Letters of hire, formal legal memoranda or even general policy booklets setting out wages and benefits, will all form part of an employee’s contract of employment. As well as clearly identifying the terms and conditions of the employment bargain, written contracts can limit employer liability in the event employment is terminated (although such terms may not be valid under the Civil Code of Québec, as an employee may not renounce his or her right to a reasonable notice in an employment contract), and include covenants limiting competition after dismissal and guarding against solicitation of the employer’s customers. Without a written contract, the employer will be determined to have entered into an oral contract, generally of indefinite hire, which can be terminated only on provision of reasonable notice, to be determined by the courts and, in Quebec, also by administrative tribunals if the claim is filed before the Commission des norms du travail. Pursuant to the Civil Code of Québec, a stipulation of non-compete may not be enforceable where the employee is terminated without just and sufficient cause.
Additional posts from the blog
On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the results of a review conducted by the OSC of the annual and interim Management’s Discussion and Analysis (MD&A) filed by 100 mining companies with market capitalization of less than $100 million (the “Review”) and is designed to serve as a tool to assist small mining companies to navigate regulatory requirements.
Alberta Securities Commission publishes Staff Notice 91-704 Over-the-Counter Derivatives Transactions
On January 2, 2014, Alberta Securities Commission (“ASC”) staff published Staff Notice 91-704 Over-the-Counter Derivatives Transactions (“ASC Staff Notice 91-704”) summarizing the current regulatory framework governing over-the-counter (“OTC”) derivatives trades in Alberta.
On December 18, 2013, Hydro-Québec Distribution (“HQD”) officially launched call for tenders A/O 2013-01 for the purchase of a 450 MW block of wind power (“A/O 2013-01”).