Employees can shop around for a favourable jurisdiction

Life in the post-NAFTA era
By Neena Gupta and Mark Mason
|Canadian Employment Law Today

Background

In the post-North American Free Trade Agreement era, it is not uncommon for related corporations to have operations in the United States, Canada and Mexico. Current immigration regimes facilitate the mobility of senior management throughout the organization, regardless of national boundaries.

Recently there have been a number of cases which illustrate some of the complex employment issues that arise when the laws of more than one jurisdiction are invoked over a dispute. Employers with operations in both the United States and Canada should take note of the decision of the Superior Court of Ontario in