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Employment Obligations and Confidential Information, 3rd Edition
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Currently there are approximately 18 million employed Canadians, and each of those employment relationships is governed by some sort of contract – whether written, oral or a combination of the two. This new edition of Employment Obligations and Confidential Information offers an insightful overview of the rights and obligations that arise from such employment contracts, and in particular, examines the issues of competition, the use of confidential data and fiduciary duties.
A definitive resource
Employment Obligations and Confidential Information, 3rd Edition is an up-to-date employment law resource that features a discussion of matters that employers regularly face, including employees' privacy rights, as well as employees' obligations related to the use and disclosure of confidential information and competing with former employers, and potential remedies available to employers in the event of a breach of those obligations or fiduciary duties.
This practical guidebook to the practice of employment law in the modern workplace is a valuable reference tool for addressing issues without having to engage outside counsel, and covers:
- Obligations owed by employees, including the implied duty of good faith, loyalty and fidelity
- Contractual modification of obligations
- Potential problems arising from the misuse of confidential information and breach of fiduciary duty
- Remedies that employers can access in response to a breach
- Protection against improper competition
New in this Edition
- The most recent jurisprudence relating to employees' good faith obligations, the law of confidential information, restrictive covenants, and remedies for breach of express and implied employment covenants
- The latest word from the courts concerning the negotiation and drafting of employment covenants
- The enforceability of "commercial context" and "hybrid" restrictive covenants after Payette v. Guay inc. (Supreme Court of Canada, 2013)
- Fully updated review of the most recent case law concerning employee's fiduciary obligations including when fiduciary obligations arise and remedies for breach of fiduciary duties
- Discussion and analysis of the developing doctrine of the employer's good faith obligations toward employees, especially in light of the SCC decision in Bhasin v. Hrynew
- Updated analysis of the common law rules regarding when an employment relationship arises including a review of the Supreme Court of Canada's 2014 decision in McCormick v. Fasken Martineau DuMoulin LLP
- The law of "constructive dismissal" after the Supreme Court of Canada's decision in Potter v. New Brunswick Legal Aid Services Commission (2015)
- Expanded and updated coverage of the law relating to injunctions (including Mareva injunctions and Anton Piller orders) and damages for unfair post-employment competition
- Practical, cost-effective, advice for employers when faced with unfair competition by current and former employees
Who Will Benefit
- Employment lawyers, whether they represent employers or employees
- In-house counsel who will benefit from learning about the factors to consider when making employment-related business decisions and from leveraging the options presented for avoiding costly litigation
- Government policy analysts who deal with employment- and privacy-related matters
- Human resources personnel who are responsible for negotiating employment contracts and alerting counsel to legal issues that must be addressed at the drafting stage
Table of contents
Chapter 1: Aim and Purpose of This Book
Chapter 2: The Employment Relationship
Chapter 3: The Implied Duty of Good Faith, Loyalty and Fidelity
Chapter 4: Confidential Information
Chapter 5: Fiduciary Duties
Chapter 6: Express Terms and Conditions in Employment
Chapter 7: Negotiating Restrictive Covenants
Chapter 8: Drafting Restrictive Covenants
Chapter 9: Employee's Post-Employment Obligation
Chapter 10: Challenging "Unfair Competition": Statutory Considerations
Chapter 11: Termination of Employment
Chapter 12: Damages and Other Remedies
Chapter 13: Protecting Employer's Interests
Chapter 14: Discovering and Addressing Competitive Activity: Some Practical Advice
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