Employment Contracts - Articles & Videos
Terminating Fixed Term Contracts
Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.
“Salary” Doesn’t Mean Only Base Pay
The recent Court of Appeal decisions of Maynard v. Johnson Controls Canada LP and Nader v. University Health Network suggest that “salary” doesn’t mean base pay alone, and that the employer could be liable for other elements of compensation, including bonus payments.
Non-solicitation clauses – what they are and what they are not.
Before putting pen to paper, it’s crucial to know exactly what a non-solicitation clause is about, and the consequences of agreeing to it.
Successor Employer: Court Found Asset Purchaser Had “Going Concern”
In an asset purchase, the employee’s employment terminates, unless the purchaser offers the employee employment, and the employee accepts.
The Dangers of Fixed Term Contracts
A recent decision of the Ontario Court of Appeal is an important reminder of how costly fixed term agreements can be for businesses when they are not used correctly.
What you need to know about the “change of substratum” doctrine and employment contracts.
In this update, Stuart talks about why an otherwise valid employment contract may not be valid if the employee’s duties and responsibilities have changed – even if their title remains the same.
At what point is a contract “frustrated”, and what does that mean?
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Language Laws and Quebec Workplaces
Every few years we see an evolution of the French language laws in Quebec. Bill 96 is the latest example employers need to know.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
The Danger of Continued Remote Work
Have your employees been working from home for so long that they have accrued a right to continue doing so? As is often the case in the world of Employment Law, it depends. But as time goes on, the risk grows.