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Clauses to include in an employment contract

Employers in Ontario should require employees to sign an employment contract before starting work.

 

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Harassers, empty your pockets and pay up! Including personal financial accountability for harassment in employment contracts – key considerations

In January, Variety reported about the new position of John Lasseter, the former Pixar head of animation who was the subject of a workplace harassment complaints from Pixar staffers.

 

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The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

 

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Time as an independent contractor can be considered in the calculation of severance

This case demonstrates that employers need to know that if they hire their independent contractors into a genuine “employee” position, that time they spent as an independent contractor may be calculated in establishing their right to severance.

 

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Court of Appeal partially invalidates release of notice entitlements

This blog focuses on the issues surrounding statutory minimums and waiving out, leaving the issue of restrictive covenants raised in the cross appeal for another day.

 

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Sentenced to probation: How employers can protect themselves when terminating the employment of recent hires

Employers who seek to impose more rigorous oversight of new employees and minimize termination obligations to those employees can rely on appropriately drafted probationary limitations in their offers.

 

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Not so fast: Court sets aside employer’s ex parte motion against ex-employee

The recent decision of Planet Paper Box Group Inc., v. McEwan, highlights some of the risks of utilizing an ex parte motion to enforce restrictive covenants against a departing employee.

 

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Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

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Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

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Choice of law provisions: Application of the Ontario Employment Standards Act to international employees

Can an employer and employee agree by contract that the laws of Ontario, Canada will apply to terms of their employment relationship, even if: (a) the employee works and is physically situated in in Los Angeles, California; and (b) the company is a New Jersey company with its head office in the State of Connecticut?

 

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Termination clauses: Not just for indefinite employees

In a recent decision, Ontario’s Divisional Court reminds us of the importance of proper termination clauses in fixed term contracts. In Ferguson v. Mitsche & Aziz Inc., the Divisional Court upheld a Small Claims judgment awarding the maximum $25,0000.00 limit in damages to an employee who was dismissed five months into her one-year fixed term contract.

 

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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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