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Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. The eBook* version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone. Learn more at store.thomsonreuters.ca/ proview. *eBook not available to trade bookstores, third-party distributors, and academic institutions. Available risk-free for 30 days Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2018 Thomson Reuters Canada Limited 00255NF-A95033-CM Print+ProView eBook* Order # L95983-65203 $537 2 volume looseleaf supplemented book Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately ProView eBook* only Order # L95984-65203 $505 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. The use of modern technology — email, text messaging and voicemail — may also facilitate the collection of evidence should the case go to court. Whereas in the past more agreements may have been settled orally, "now, it's typically either by email or by text, which means there's a very clear record of this discussion," says Rudner. Indeed, the Bombardier case "certainly yells out for all of us to continue to be cautious, to cross our Ts and dot our Is," says Michael Sherrard of Sherrard Kuzz LLP in Toronto. The decision could also extend to other areas of employment law, he says. For example, an oral offer of employment might likewise be considered binding. Top of list in developing best practices is, first, to meet with the client, ideally face to face, to discuss their situation and agree on a course of action. Second, says Sherrard, "We always want to 'paper' the instructions we've been provided with, [and] make sure everyone understands the nature of the offer." So, after instructions are received, counsel should write to the client to confirm those instructions. "We always want to have a written communication with our clients that actually set out our instructions," Sherrard says. Even casual responses from an employee should be confirmed, says Rudner. From the employer side, "Say, 'if we accept this, can we have a final agreement?' and make that very clear so it will be almost impossible for the individual [employee] to turn around later and say, 'Well, we were just discussing certain items, but I didn't think this was a complete agreement.'" Even in an informal exchange, it's "We always want to have a written communication with our clients that actually set out our instructions." www.canadianlawyermag.com 61 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM