contract

Employee vs independent contractor: The dangers of misclassification

August 3, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring

It is essential that employers understand and consider the risks of misclassifying employees as contractors, even when the individual themselves is the one requesting or proposing the contractor relationship.

contract, contract employees, Employee vs. independent contractor, employment contracts, employment law, independent contractors

Don’t take a chance on it: The uncertainty of ESA-only termination clauses

July 11, 2017 Occasional Contributors Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide for continued health benefits during the statutory notice period. A month later, the Court of Appeal responded with its decision in Wood v. Fred Deeley Imports Ltd. where it overturned a motion judge’s ruling upholding a similar termination provision. And so, the age old debate about the enforceability of ESA-only termination provisions rages on.

contract, employment agreement, employment law, ESA entitlements, ESA requirements, Pensions and Benefits, recruiting and hiring, Severance pay, statutory notice period, termination, termination clauses, terms of employment

Can an employment agreement executed after the employee starts work be enforced? The Ontario Court of Appeal says yes.

June 21, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Recruiting and Hiring

In Wood v. Fred Deeley Imports Ltd., the Ontario Court of Appeal confirmed that a “written employment agreement is not unenforceable merely because the employee signs it after starting to work”. The Court found the trial judge’s inference to be reasonable, noting that Deeley did not claim she reviewed the terms of her employment for the first time on April 24, 2007, or that the contract contained any new material terms. The Court acknowledged that the contract was likely signed the day after Deeley started work as “a matter of administrative convenience.” In these circumstances, fresh consideration was not necessary.

contract, employment agreement, employment law, hiring, recruiting, recruiting and hiring, terms of employment

CIC publishes ministerial instructions establishing the start-up business class

April 17, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

On March 30, 2013, Citizenship and Immigration Canada (“CIC”) published Ministerial Instructions in the Canada Gazette, which formally establish the new Start-Up Business Class. CIC also published Chapter 27 of the Overseas Processing Manual, which provides further details regarding the processing of such applications.

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