Employment Contracts - Articles & Videos
‘Tis [Not] the Season
While seasons matter in employment law, good contracts are evergreen. This is true even for seemingly temporary seasonal employees.
The Ballad of the “Probationary” Employee
Employers of all stripes make similar mistakes by assuming that because the ESA requires no notice for employees with less than three months of service, they are “probationary” employees and thus have no obligations towards them.
Reminder: Saving Provisions Will Not Save an Unenforceable Termination Clause
In the recent decision, the Ontario Superior Court of Justice provided another reminder that saving provisions in an employment agreement will not save a termination provision which violates, or has the potential to violate, the requirements of the Employment Standards Act, 2000.
Friends with your Ex(it package)
While dismissals are virtually never mutual, using an exit package allows the employer and the employee to part ways amicably and mutually.
Case Law Update: COVID-19 Vaccination Policies and Frustration of Contract
In a recent decision, the Ontario Court of Appeal upheld a 2023 decision of the Superior Court of Justice which found that an employment relationship had become frustrated as a result of an employee’s refusal to comply with a mandatory vaccination policy.
No One Gets Far in a Getaway Car
With regards to company cars, a good contract would clearly set out each parties’ respective rights and obligations in relation to the car, and what happens once the employment relationship ends.
The Answer to Viral Workplace Trends
Workplace trends and concepts circulating TikTok can have potentially dangerous consequences for the employer and employment relationship.
The Court of Appeal Clarifies the Need for Consideration in Employment Contracts
A recent decision of the Court of Appeal for Ontario could have significant implications on the legal requirement for fresh consideration in employment contracts.
Employment Law’s Middle Child: The Dependent Contractor
A dependent contractor typically has a higher degree of autonomy and financial risk than an employee but is economically dependent on the employer as their source of a substantial majority of their income.
When is a Resignation Not a Resignation?
At law, a resignation is not effective unless the employee’s intentions are “clear and unequivocal”, and the employer has accepted the employee’s resignation. While this appears simple, in practice this rule has been expanded