First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

By | 5 Minutes Read

Employee vs independent contractor: The dangers of misclassification

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.

By | 3 Minutes Read

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

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.

By | 2 Minutes Read

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

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.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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