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Employment Contracts - Articles & Videos

Your Termination Clause May Be Invalidated “At Any Time”

Your Termination Clause May Be Invalidated “At Any Time”

A recent unpublished decision of the Ontario Superior Court of Justice determined that simply saying that the employer can implement a without cause dismissal at its “sole discretion” and “at any time” is sufficient.

Building Services Providers as Employers

Building Services Providers as Employers

In most industries, there is no rule requiring new service providers to hire the employees of previous providers, and any severance obligations are the responsibility of the company that acted as the employer.  However, the Employment Standards Act, 2000 and Ontario Regulation 287/01 contain special rules for employees of building services providers.

Locked Up: They Won’t Let Me Out (For My Shift)

Locked Up: They Won’t Let Me Out (For My Shift)

What happens if someone is in jail and can’t make it to work? Can they be fired? Or is their contract of employment frustrated? Or does the employer have to keep their job open for them?

Reminder: Changes to the Canada Labour Code Take Effect On February 1, 2024

Reminder: Changes to the Canada Labour Code Take Effect On February 1, 2024

Significant changes to the Canada Labour Code are taking effect as of February 1st, 2024 which will impact federally regulated employers and employees.

Terminating Fixed Term Contracts

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

“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.

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”

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

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.

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.

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