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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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Anne Gregory

Legal Counsel
Manitoba Nurses Union
Keith Burkhardt

Employer Counsel
Sherrard Kuzz


Andrea Zappavigna

Employee Counsel
Forte Law
Stuart Rudner

Employer Counsel
Rudner Law


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?

Additional Information

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.

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.

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