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Year in Review: The most significant developments in Canadian employment law in 2017

We have done our best to identify the developments in 2017 that we think had, or will have, the most significant impact upon Canadian employment law. They are reviewed below, and as usual, we refuse to be limited to a “top 10” format.

Fixed Term Employment Contracts

The Hidden Risks of Fixed-Term Contracts of Employment

In one of my blog post for First Reference Talks, I discussed the often misguided usage of fixed-term contracts and…

itsaduck

If It Looks Like a Duck, Quacks Like a Duck…

Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As…

Termination Agreements

Will a termination clause be enforceable or will it be thrown out by the courts?

Farah v EODC Inc. Will a termination clause be enforceable or will it be thrown out by the courts? Some…

Temporary Layoff

Don’t Make Assumptions About Employer Rights

Unfortunately, we are often consulted by employers that entirely misunderstand the nature of the employment relationship and assume that they…

Don’t judge a relationship by its title: Misclassification of employees as contractors

Employment relationships are not always black and white, even if there is a written agreement between both parties. Such relationships…

Bonus Clauses: Be Sure they Say What You Think They Say

Bonus: You will be entitled to a discretionary annual bonus of up to 40% of your base salary, to be…

Reading the Fine Print

Reading the Fine Print

Imagine the scene: one day, just like any other, you’re sitting at your desk planning to pack up and head…

probationary period at work

Interpretation and enforcement of probationary periods in employment contracts

When hiring a new employee, employers will often characterize the first several months of employment as a “probationary period”, the…

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