On-Demand Webcast: The myths and realities of non-competition agreements


Date and Time

Starts:04/18/2019 8:00 AM

Ends:01/12/2021 8:00 AM

1 Hour Hour(s)

Price:

HRPA Members:
$20 + Taxes
Non-Members:
$65 + Taxes
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Availability

Additional Information

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In a capitalist society, it is common to believe workers all are all essentially "free agents", able to sell their skills and time to the highest bidder.  While this is generally true as a default statement, companies and individuals are also free to draw up and agree to contracts.  Those contracts may include terms and conditions that lean more towards company-friendly and worker-friendly. 

While the courts will usually enforce commercial agreements between two companies, they are less likely to enforce agreements between employee and employer – especially those in which there tends to be an inequality of bargaining power and vulnerability on the part of the employee.

Non-competition clauses are a prime example of this concept.  Not only does such an agreement constrain the ability of a "free agent" to sell his/her skills and time on the open market, it may prevent a company from hiring a much-needed worker who could add significant value to its products and services.  Worse yet, it might make an otherwise qualified worker more reliant on social safety nets, such as employment insurance, because he/she is "not allowed" to work in their chosen industry. 

As such, the courts are very hesitant to enforce such agreements.  They have developed a system to determine whether non-competition clauses are "reasonable", having regard to a variety of relevant factors.  If any factor fails to meet the test, the clause typically fails. 

Accordingly, businesses would be very wise to get experienced legal counsel to assist with the drafting and enforcement of such clauses.  Otherwise, they will likely fail to serve any real purpose.


Learning Objectives:

  • Contract drafting and interpretation
  • Finding cost savings for your company
  • Confidentiality of information 

Who Should Attend:

Human resource professionals, finance managers, operations managers.

Speaker bio(s)
Daniel Chodos

An experienced employment lawyer, Daniel Chodos has worked at two of the most respected labour and employment law firms in Canada, where he advises both employees and employers in resolving the various types of disputes that arise within the employment relationship.

Daniel has litigated numerous cases, including such issues as wrongful dismissals, human rights, employment standards, workplace violence and harassment, and employment insurance. He also has a background in labour law and collective bargaining.

With this background, Daniel has represented both employees and employers before numerous administrative tribunal hearings and in the courts, including the Ontario Labour Relations Boards, the Human Rights Tribunal and the Workplace Safety and Insurance Appeals Tribunal.