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Inside Internal Controls

News and discussion on implementing risk management

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employment contracts

Indecent proposal? Whether and how to ask existing employees to sign new employment contracts

Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee. Some will sign without issue, while others will refuse to do so.

 

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BCCA eyes enforceability of restrictive covenant in IRIS appeal

Restrictive covenants are often a key component of employment agreements and commercial transactions. Enforceability, however, can be challenging, especially in the employment context

 

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Survival of the fittest: How can technology help small businesses thrive?

Canada’s failure rate for small and medium sized businesses is staggeringly high. Around one half of small and medium sized businesses survive past five years, while 15% don’t last a year. Today’s smaller businesses face a daunting task. The complexities of today’s market have created new risks, and myriad laws and regulations that can overwhelm just about any sized business.

 

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Evolving employment contract law, political activities and charities

Non-profit organizations may not consider it priority number one, but reviewing your legal compliance will protect your organization’s finances, your reputation, your directors and donors—even your organization—from shifting legal sands.

 

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Payroll accounting – What you don’t account for can hurt you

Payroll is one of the largest single expenses of an organization. Without proper accounting controls in place, money could be misappropriated and false expense claims processed. For this reason, employers must intimately understand their payroll costs, and know how to control and predict them.

 

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SCC finds new contractual duty of honest performance

The Supreme Court of Canada has confirmed a new common law duty to act honestly in the performance of contractual obligations.

 

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Five-year commercial restrictive covenant upheld

Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.

 

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Providing tax-free shares to forgo employment rights

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Interesting employment law developments are happening in the UK. Beginning in April 2013, British employees will be offered a new option in employment contracts, where they may own shares in the company they work for and in exchange, will forgo certain workers’ rights.

 

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