The importance of respecting confidentiality clauses in termination agreements

September 17, 2017 - by: Alexandra Meunier 0 COMMENTS

by Alexandra Meunier

In Canadian labor relations, parties commonly enter into termination agreements in order to settle grievances and avoid any future litigation. Such agreements may contain confidentiality clauses. However, what happens when a party does not strictly respect the content of a confidentiality clause?

This is the question that was submitted to the arbitrator André Bergeron in Centre de santé et de services sociaux du Sud de Lanaudière (Centre d’hébergement des Deux-Rives) et Syndicat interprofessionnel de la santé de Lanaudière Sud (SILS-FIQ) (France Paré), 2017 QCTA 496 [only available in French].

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B.C. Court of Appeal addresses termination and severance issues

December 13, 2015 - by: Kevin O'Neill 0 COMMENTS

by Kevin O’Neill, Q.C.

In Canada, in Hall v. Quicksilver Resources Canada Inc., 2015 BCCA 291, the British Columbia Court of Appeal addressed two important termination and severance issues:

1. In the sale of a business, when and how do an employee’s years of service continue to bind the purchaser?
2. What is the proper severance for a “skilled services” employee (not senior management) with 8.5 months of service? read more…

It’s not a settlement when the parties can’t agree on what they agreed to

October 05, 2014 - by: Christina Hall 0 COMMENTS

By Christina Hall

It is usually good news for employers and employees if they are able to resolve an employment dispute and reach a settlement before engaging in protracted litigation. However, finalizing the details of a settlement can be a tedious process. When the parties rush through the process or fail to properly consider the terms of the settlement, the situation can rapidly unravel. read more…