The employment law landscape is always evolving, and it can be challenging for HR to keep up.
That’s why many HR professionals took advantage of the opportunity ask about the legal issues most concerning their organizations, directly to a panel of employment lawyers, at HR FutureFest on June 3 at the Toronto Event Centre.
The panel, called “Ask the lawyers,” featured Erin Kuzz, a partner at Sherrard Kuzz LLP; David Whitten, a partner at Whitten and Lublin; and Alycia Riley, an associate at Gowling WLG.
Perhaps reflecting the barrage of court decisions that have been issued over the past few years, one of the top issues discussed by the panel was termination clauses in employment agreements and how to stay current on what makes them enforceable.
Kuzz acknowledged that it’s difficult for employers to keep on top of the standards of enforceability when it seems they keep changing with every court decision.
“It's hard to constantly have to stay to clients, ‘This was really great, it was the gold standard two years ago, but now we have [Waksdale v. Swegon North America Inc., 2020 ONCA 391] and we have [Dufault v. Ignace (Township), 2024 ONCA 915],” she said. “So keep it simple - my observation is, the more complex and the more you try to add to the language, the more likely that someone finds a reason it's wrong.”
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