Saturday, July 3, 2010

I am currently researching employment law problems. One of the difficulties I run into when comparing US and foreign law is how radically different they are in certain areas. For example, I want to examine the treatment of employment manuals, as an exception to employment at will. In what situations will courts hold that the manual has overcome the at will relationship and produced one that can only be terminated on a for cause basis?

By contrast in Canada there are clear statutory requirements that apply regardless of the existence of an employment manual. There is no termination at will to begin with, so an employment manual is not needed to modify that relationship.

I spoke a bit prematurely.

Kornerup et al v. Raytheon Canada Ltd.,

2007 BCSC 584



Seems like a perfect, case and dare I say I am shocked that it is somewhat similar to what would be decided in the US.

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