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Big Issues in Fine Print: Non-compete, non-solicitation, and mandatory arbitration clauses in employment contracts

Thursday, January 31, 2019, 12:30 pm - 2:00 pm EST



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Moderators


Keith Burkhardt

Employer Counsel
Sherrard Kuzz
Anne Gregory

Legal Counsel
Manitoba Nurses Union

Speakers


Stuart Rudner

Employer Counsel
Rudner Law
Andrea Zappavigna

Employee Counsel
Forte Law

Issues

While non-compete, non-solicitation, and mandatory arbitration clauses are common features of employment agreements, issues regarding their enforcement are typically subject to dispute. In this audio conference, experienced counsel will provide an overview of legal principles and best practices related to drafting and enforcing non-compete, non-solicitation, and mandatory arbitration clauses.

  • What are non-compete and non-solicitation clauses, and how do they differ from each other?
  • What are the factors that courts/adjudicators consider in assessing whether a non-compete or non-solicitation clause is enforceable?
  • What are common issues that may lead a court/adjudicator to find that a non-compete or non-solicitation clause is unenforceable, and how can they be avoided?
  • Will a court/adjudicator amend or simply strike a non-compete or non-solicitation clause that is unenforceable?
  • What is the test that an employer must meet to obtain an injunction enforcing a non-compete or non-solicitation clause?
  • Does a non-compete or non-solicitation clause remain in effect if the employer terminates the employment relationship?
  • What is a mandatory arbitration clause, and how is it used in an employment agreement?
  • What are the benefits and drawbacks of arbitration in comparison to court proceedings?
  • Is an employee subject to a mandatory arbitration clause barred from participating in a class action?
  • When will a court/adjudicator decline to enforce a mandatory arbitration clause?
  • What best practices and other considerations are important for employers and employees to bear in mind prior to drafting or agreeing to a mandatory arbitration clause?
  • What is the effect of mandatory arbitration clauses contained in labour statutes?
  • Are there any circumstances in which a unionized employee may bring a work-related claim in court?

Accreditation

CPHR Alberta

CPD hours for this event can be logged online, through your CPHR Alberta member profile.


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.


HRMA Continuing Professional Development

This event has been approved by CPHR BC & Yukon for recertification credits under the CPHR Recertification Log. Be sure to note the Event Identification Number in your recertification log.


Lancaster House CPD
  • CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers Society may count this program for 1.5 Continuing Professional Development hours.
  • This audio conference has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live Session – $260, plus HST
Live Session for 2 or more (Boardroom fee) – $520, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $160, plus HST
MP3 Recording – $260, plus HST
(Registrations must be paid in advance of the audio conference)
Contact us for discount pricing on the entire series.

AUDIO FILES
Audio conference MP3 files are available for $260. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $160.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

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