common law entitlement

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

December 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

Termination clause update: New developments concerning benefit continuation and just cause language

February 15, 2019 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

benefits continuation, common law entitlement, employment contracts, employment law, just cause, reasonable notice of employment termination, wilful misconduct

Update on probationary clauses from Ontario Court of Appeal

September 1, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation…six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

common law entitlement, common law reasonable notice, employment agreement, employment law, employment relationship, employment standards act, entitlements on termination, Ontario Court of Appeal, pay in lieu of notice, probationary clause, probationary clauses, probationary employee, probationary period, reasonable notice