contract
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
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
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
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.
agreement, broader Economic Class, Business, business venture, Canadian Language Benchmarks, Chapter 27 of the Overseas Processing Manual, Citizenship, Commitment Certificate, contract, Designated angel investor groups, educational credential, educational institution, employment law, foreign nationals, Foreign workers, immigrant entrepreneurs, Immigration and Multiculturalism, Immigration and Refugee Protection Regulations, Immigration Law, immigration officer, investor groups, language ability, language proficiency, language skill, Ministerial Instructions, Niveaux de Compétence linguistique canadiens, official languages of Canada, Overseas Processing Manual, permanent residence, permanent resident visa, post-secondary education, qualifying business, Start-Up Business Class, start-up visa program, venture capital funds