AstraZeneca acquiring Fusion Pharmaceuticals for $2B: Employee rights

AstraZeneca is betting big on next-generation cancer treatments.

In a news release on March 19, the drugmaker announced that it has entered into a definitive agreement to acquire Hamilton-based Fusion Pharmaceuticals (Fusion) in an all-cash deal valued at approximately $2 billion.

“Between 30 and 50 per cent of patients with cancer today receive radiotherapy at some point during treatment, and the acquisition of Fusion furthers our ambition to transform this aspect of care with next-generation radioconjugates,” Susan Galbraith, executive vice-president of Oncology R&D at AstraZeneca, said in the release.

The transaction, which is still subject to shareholder and regulatory approval, is expected to close in the second quarter of 2024.

Once the acquisition is complete, Fusion will become a wholly-owned subsidiary of AstraZeneca — with operations continuing in Canada and the U.S.

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• Novo Nordisk parent acquiring Catalent for $16.5 billion
• Calgary Co-op acquiring Care Pharmacies: Employee rights

As the Canadian cancer drug developer prepares to come under new management, here are a few things that non-unionized employees need to be aware of.

Who pays severance if AstraZeneca doesn’t keep certain employees at Fusion Pharmaceuticals?

If AstraZeneca’s acquisition of Fusion Pharmaceuticals results in you losing your job, then Fusion Pharmaceuticals must provide you with full severance pay.

In Canada, the “seller” of the business is responsible for providing proper compensation to staff who lose their job.

WATCH: Employment lawyer Lior Samfiru explains the rights workers have when their employer sells the business on an episode of the Employment Law Show.

If AstraZeneca provides you with an employment offer, and you have a good reason for why you don’t want to accept it (i.e. different hours or pay), you might be able to get full severance pay from Fusion Pharmaceuticals.

Even without a good reason you can still get severance, but it’s very likely that you will only receive your minimum entitlements.

LEARN MORE
• Sale of business in Ontario: Rights to severance
• Rights to severance in Alberta when your employer sells the business
• Employer sold the business in B.C.? Know your rights to severance

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Severance packages in mass layoffs
• Rights to severance during a recession

Can AstraZeneca make major changes to the jobs of workers at Fusion Pharmaceuticals?

In Canada, non-unionized employees at Fusion Pharmaceuticals don’t have to accept substantial changes to their job that AstraZeneca might try to enforce.

Major modifications, such as a demotion, longer shifts, or reduced pay, are illegal.

When significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t resign before contacting our firm.

ADDITIONAL RESOURCES
• Can my employer make changes to my job in Ontario?
• Job changes in Alberta: What employees need to know
• Changes to your employment in B.C.: Your rights

New employment contracts for staff at Fusion Pharmaceuticals

If you work for Fusion Pharmaceuticals in Canada, and you receive a new employment contract from AstraZeneca, take the time to carefully review it before signing it.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees, including:

• Eliminating past service: The new owner might attempt to reduce or eliminate your years of service with your previous employer. Don’t sacrifice your seniority. Length of service is a key factor when determining how much severance pay you are entitled to.
• Reducing severance pay: Some employers try to use a termination clause to reduce your severance entitlements to the bare minimum. Instead of months of pay, you might only receive a few weeks’ pay if you are fired without cause or let go.
• Ability to make changes: The new owner might attempt to add a clause that gives them the right to change aspects of your job (i.e. hours or pay) without your permission or lay you off without penalty.

Employers in Canada can’t legally force non-unionized workers to sign a new employment contract immediately or a few days after receiving it.

SEE ALSO
• Starting a new job? Here’s how an employment contract could limit your rights
• Employment Law Show: 5 things to know about employment contracts
• Employment Law Show: Things to never do before seeking legal counsel

Do staff at Fusion Pharmaceuticals have the same workplace rights with a non-Canadian owner?

The short answer is yes. Companies outside of Canada can’t use employment contracts to get out of Canadian employment standards legislation.

While AstraZeneca is U.K.-based, the drugmaker still has to adhere to the same employment laws that Fusion Pharmaceuticals was required to follow for its Canadian staff.

Received a job offer? Speak with an employment lawyer

Before accepting a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.