Tourmaline Oil buys Crew Energy for $1.3B: Employee rights

Tourmaline Oil is acquiring Crew Energy in a $1.3 billion all-stock deal that aims to enhance Tourmaline’s position in the Montney shale play, a key energy-producing region spanning northern Alberta and British Columbia.

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Details

• Transaction Structure: Crew Energy shareholders will receive 0.114802 Tourmaline shares for each Crew Energy share they hold. This values the deal at approximately $6.69 per Crew share, marking a premium of around 72% over the last closing prices.
• Strategic Importance: The acquisition will strengthen Tourmaline’s operations in the Montney shale play, a formation responsible for roughly half of Canada’s gas production and known for its strong economic potential. Crew Energy’s assets are located adjacent to Tourmaline’s South Montney-operated complex.
• Production and Reserves: The deal includes low-decline base production of 29,000-30,000 barrels of oil equivalent per day (boepd) and 473.2 million barrels of oil in proved and probable reserves.
• Financial Impact: Tourmaline expects the acquisition to contribute over $200 million to its projected free cash flow in 2025. Additionally, Tourmaline has raised its average production outlook for 2024 to 582,500-592,500 boepd, up from the previous estimate of 575,000-585,000 boepd, contingent on the deal closing as planned.

The acquisition is anticipated to close in early October 2024, subject to customary conditions and regulatory approvals.

Who pays severance if Tourmaline doesn’t keep certain Crew Energy employees?

If Crew Energy’s acquisition by Tourmaline results in you losing your job in Canada, then Crew Energy 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 Tourmaline 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 Crew Energy.

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
• Employer sold the business in B.C.? Know your rights to severance
• Rights to severance in Alberta when your employer sells the business
• Sale of business in Ontario: 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 B.C., Alberta, and Ontario. 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 seek legal counsel immediately. Samfiru Tumarkin LLP regularly resolves wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance for provincially regulated employees
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• Severance packages in mass layoffs

Can Tourmaline make major changes to the jobs of Crew Energy employees?

In Canada, non-unionized employees don’t have to accept substantial changes to their job that Tourmaline 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
• Changes to your employment in B.C.: Your rights
• Job changes in Alberta: What employees need to know
• Can my employer make changes to my job in Ontario?

New employment contracts for Crew Energy staff

If you work for Crew Energy and you receive a new employment contract, 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
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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 B.C., Alberta, and Ontario 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.