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employment agreement

By Barry B. Fisher LL.B. | 4 Minutes Read September 14, 2020

New Brunswick ESA termination clause upheld as valid

In Vienneau v Joy Global (Canada) (2020 NBBR 76) Justice Dysart upheld the validity of the termination clause in the employment contract. Find out why.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / employment agreement, employment law, reasonable notice of termination, Termination clause Leave a Comment

By Occasional Contributors | 24 Minutes Read February 27, 2020

Devil’s in the detail or employment contracts redux*: The twelve most common avoidable drafting errors

Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.

Article by Occasional Contributors / Employee Relations, Employment Standards, Human Rights, Payroll / conditions of employment, Employee resignation, employment agreement, employment contract, employment law, employment relationship, fixed-term employment contract, fresh consideration, termination, termination clauses of an employment contract, written contracts of employment Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read January 27, 2020

Release of previous employer has no effect on termination by subsequent employer

In Manthadi v ASCO Manu (2019 ONSC 5572) Fowler Byrne J. had a situation where a 64 year old welder had over 36 years with Company A. Company A sold its business to the Defendant. Company A paid the plaintiff her 8 weeks under the ESA and she signed a release. The defendant immediately hired her on the closing date. She was terminated a few months later.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / common law notice, continuous employment, employment agreement, employment law, termination Leave a Comment

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