Insights

The practice of law is changing every day, and the effect of changing legislation on businesses is significant. We write about recent developments in the world of tax & business law, keeping a watchful eye on the changing landscape for our clients. See what we’re thinking about, and what your business should be looking out for.

Business Law

Time to Move On… But at What Cost? Does an employer have to pay relocation costs after an employee has been terminated?

Click here to view in PDF. Terminating an employee can be costly. It is well known that employers are required to provide the employee with notice of termination, or pay in lieu of that notice. When an employee is terminated, they must mitigate any damage resulting from their loss of employment. Where an employee fails to mitigate, or secures comparable employment during the notice period, their severance payment amount is reduced accordingly. However, added costs to the employer can result from the employee’s duty to mitigate. In the case of MacGregor v Lethbridge College, 2016 ABPC 72 (“MacGregor”), Dr. MacGregor...

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Business Law

This Isn’t Working: Minimizing Risk in Employee Terminations

Click here to view in PDF. At the beginning of an employment relationship the employer and the employee are usually both motivated and optimistic. Often times the employer does not find it necessary to put pen to paper in order to solidify the employment arrangement by having a formal written agreement. Unfortunately, this lack of formality will often cause issues during the term of employment and will inevitably cause problems when the employment arrangement comes to an end, particularly when an employer determines that the arrangement is no longer working and terminates the employee on a without cause basis. Employers...

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Business Law

Can I use this? Limitations on Use of Recordings

At certain times organizations may wish to obtain audio or video recordings of employees to ensure proper customer service, provide feedback or for obtaining grounds to terminate an employee. It is important to understand that privacy legislation limits the collection, use and disclosure of personal information gained from those recordings. This is especially relevant if the recordings were obtained without the employee’s knowledge or consent and the organization wishes to rely on such a recording. In Alberta, private sector organizations must abide by the province’s Personal Information Protection Act ("PIPA"). PIPA governs how an organization may collect, use and disclose...

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