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“reasonableness” analysis by a court.Overly restrictive and unreasonable clauseswill be unenforceable.Confidentiality and trade secrets clausesUnder the common law, employees mustnot divulge confidential information or tradesecrets that they acquire during theiremployment. This does not preventemployees from bringing general knowledgeand skills they learned from their previousemployer to a new employer. But generally,confidential information must not bedivulged to third parties. Confidentialinformation can include marketingstrategies, personnel information, businesspractices of the employer, trade secrets(such as manufacturing processes), salesinformation, commercial contracts,computerized data and supplier andcustomer lists. However, trivial or selfevidentmatters or information otherwiseavailable in the public domain is generallynot confidential information.Many of our clients prefer to spell out in theemployment agreement the obligation tokeep information confidential.Managing the Employment Relationshipthe same policies or types of policies. Someof our clients prefer to have minimal, basicpolicies while others have dozens of specificpolices tailored to their work environment.In unionized environments, the right toenact workplace policies and rules isgenerally preserved in the managementrights clause of the collective agreement,but generally policies and rules may beintroduced (without agreement by the union)where they are shown to be:Consistent with the collectiveagreement;Reasonable;Clear and unequivocal; andBrought to the attention of theemployee(s) affected, includingnotice of any consequences as aresult of a failure to adhere to thepolicy or rule.The policy or rule should be consistentlyenforced.Statutory leaves of absenceEmployment standards legislation providesemployees with a variety of protectedleaves of absence, such as:Workplace policiesPolices in the workplace not only setexpectations for employees, but if draftedand communicated properly they provideevidence that expectations were made clearand can assist in justifying disciplining anemployee who has violated a policy.Polices can be developed on just aboutanything. No two workplaces need exactlyMaternity/pregnancy leave;Parental leave;Bereavement leave;Sick leave;Reservists leave; andTime off to meet child careresponsibilities or due to the illnessof family members.Employment and Labour Law 104