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employment contract

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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Must you include bonuses when calculating lost wages?

In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.

 

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Employers: Be careful of what you say about former employees to their new employers

Be careful of what you say about former employees to their new employers, warns Toronto employment lawyer, Jeff Dutton. As evidenced in Drouillard v. Cogeco Cable Inc., if a former employer suggests to another employer to terminate a certain employee, the former employer could be liable for damages to that employee by way of the tort of inducing breach of contract.

 

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Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam

Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.

 

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Fishing for notice: British Columbia Supreme Court addresses inducement and contingency factors in wrongful dismissal suits

Care is required when recruiting a potential employee, but not all active recruitment activities qualify as inducement. More than giving the employee the impression there is room to grow or job security is required. Actual evidence of promises made by the company and the employee’s reliance upon those promises is necessary to sustain a determination of inducement. Nevertheless, employers can avoid claims of inducement by using written employment agreements that contain “entire agreement” clauses and confirm that the employee has not been induced by any promises.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a repeal of an increase in OAS age of eligibility, an employer’s refusal to pay bonus not amounting to constructive dismissal and the determination that an employee’s cessation of LTD benefits couldn’t advance by way of action.

 

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The end of accommodation? Frustration of the employment contract as a last resort

One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act and the Human Rights Code is to promote accessibility and accommodation in various forums, including the workplace. However, when it becomes clear that, despite accommodating an employee to the point of undue hardship, a disabled employee will never again be able to return to his or her job or be accommodated in another position, what can an employer do?

 

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Wrongful dismissal: When does the limitation period clock start running?

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

 

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Constructive dismissal? A question of interpretation

The employee in this case acted hastily, and the employer prevailed against his constructive dismissal claim. However, the employer may have avoided the time and expense of litigation if the bonus agreement had contained clear, concise language.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario’s current and upcoming minimum wage; whether the terms of an employee’s employment contract could be implied because of industry practice; and Ontario Human Rights Commission’s new report, Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants.

 

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Probationary clauses: A double-edged sword for employers

Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether an individual is suitable for a position. In the absence of an express term in an employment contract, employees in Canada are entitled to reasonable notice of termination at common law when they are dismissed without just cause. Many employers put terms in their employment contracts, such as probationary clauses, which limit this entitlement. However, employers may not always be clear on the implications of such clauses.

 

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