Employer and Employee Rights and Obligations

Employee Policy Book

Wherever an employment relationship exists, both employers and employees have rights and obligations. These areas are governed by federal and provincial laws and legislation.

While some of these rights and obligations may be detailed in employment contracts, others are implied simply by virtue of an existing employment relationship. Some of the most common areas of employment rights and obligations include:

Termination Issues

  • Liability issues arising from the hiring and terminating of employees
  • Disciplining of employees
  • Terminations involving just cause

Workplace Conditions

  • Compliance with legislated employment standards
  • Workplace safety
  • Appropriate use of electronic media in the workplace
  • Tort claims against company officers and directors
  • Vicarious liability of employers for the acts of their employees

Safeguarding Business Interests

  • Restrictions regarding non-solicitation, non-competition and confidentiality
  • Rights to intellectual property
  • Confidentiality of proprietary company information
  • Injunctions

Both employees and employers need to be aware of the laws governing such rights and obligations in order to ensure that they receive their full entitlements, as well as limit the possibility of legal action for failure to comply with relevant legislation. Engaging the services of an employment lawyer will provide the guidance and expertise necessary to ensure optimal employment relationships.

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