Difference between revisions of "Employment Law Issues (9:V)"

The courts are unwilling to re-write restrictive covenants if they contain uncertain and ambiguous terms; these covenants are deemed prima  facie unreasonable and unenforceable (''Shafron v KRG Insurance Brokers (Western) Inc''). It can often be a simple matter to find an ambiguity:  the length of time or geographic area might not be specified, or there may be a prohibition against soliciting clients that the employee did not work with, or the employer may have used a non-compete clause when a non-solicitation clause would have adequately protected their legitimate business interests.  See ''Powell River Industrial Sheet Metal Contracting Inc. (P.R.I.S.M.) v Kramchynski'', 2016 BCSC 883.

There is no statutory requirement under the ''ESA'' for an employer to provide a reference. Employers are required to provide former employees  with a record of employment, which includes information such as the length of service, wage rate, but does not include anything about the employee’s performance.