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EMPLOYMENT LAW – DOING BUSINESS IN CANADA FOCUS ON ONTARIO

EMPLOYMENT LAW – DOING BUSINESS IN CANADA FOCUS ON ONTARIO

Introduction
Employment law in Canada is a complex mix of contract, statute and the common law or, in the case of Québec, civil law. With the exception of federally regulated industries such as banks, telecommunications, railways and airlines, employment law in Canada is provincially regulated. While most provincial employment standards statutes share some common features, foreign employers operating in Canada should be mindful of the differences and ensure that their policies, practices and contracts are compliant with the legislation of the province in which they are operating.
Canadian Courts have made several broad statements regarding the primacy of work in the life of the individual, the inherent imbalance of power between individuals and their employees and the duty that all employers have to administer the employment relationship in good faith. The Courts consistently apply these principles to any litigation between an employer and its former employee and are loathe to enforce agreements that may be perceived to be unfair to employees.

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