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employment contract

Law firm loses to ex-lawyer over unpaid vacation and holiday pay

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

 

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Will a judge enforce the termination clause in your organization’s employment contract?

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

 

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Q&A: Laying out progressive discipline in the employment contract

Does progressive discipline need to be expressly written into the employment contract? If yes, do all steps need to be laid out in writing? Or is it on a case-by-case basis?

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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The non-competition clause – Drafting and cautionary notes

A non-competition clause (or non-compete clause) is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment.

 

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Remote workers: Pros, cons and tips

Workflow and infrastructure will need to adjust if employees are working remotely. The more paperless and automated, the easier it is to make the transition to remote work. Video conferencing, phone calls and some sort of in-person meeting on a regular basis are all good practices to make sure that employees working from home still have an opportunity for in-person communication with other employees.

 

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What happens to employment contracts when an employer sells the assets of its business?

The Court of Appeal for Ontario has confirmed that in an asset sale, a purchaser’s offer of employment to a seller’s employee can constitute consideration for changes in an employment contract — including a new termination clause.

 

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Revoking telecommute agreement a constructive dismissal

Employers should seek legal advice to ensure they are not altering essential terms and conditions of employment in attempts to improve performance. This is especially the case when dealing with long term employees who have never received negative feedback on performance or been subject to performance management.

 

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Entitlement to bonus after dismissal: The debate continues

Employers would be wise to review their current agreements and policies with respect to bonuses and ensure that any eligibility requirements upon termination are clearly set out and have been expressly communicated to employees.

 

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Top 10 most-read First Reference Talks blog posts for 2017

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017:

 

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Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

 

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Case study: Why you need to periodically review your employment contract

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.

 

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A primer on undue hardship and frustration of contract

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

 

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Ontario Court of Appeal enforces simple probation clause

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

 

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