In Flesch v Apache Corporation, the Alberta Court of Appeal (“ABCA”) upheld the certification of an employee class action arising out of the cancellation of a long-term incentive compensation plan. This case is significant because the court discussed increasing its gatekeeping function in the certification of class actions, and it serves as a warning to employers who seek to amend or cancel incentive plans. Background In July 2017, the Apache Corporation (“Apache”), an American oil…
Dave Bushuev is a member of Baker McKenzie's Employment & Compensation Law Practice Group in Toronto. Dave provides employers with timely and effective advice on a wide range of labour and employment issues, including hiring, termination, labour relations, human rights, disability accommodation, occupational health and safety, privacy, and performance management. Dave represents clients in a variety of litigation matters before Ontario's Superior Court of Justice, the Ontario Human Rights Tribunal, and the Ontario Labour Relations Board. Dave also provides strategic advice and drafting with respect to hiring, terminations, establishing operations across Canada.