employment contract

Stock rights are distinct from employment contract rights

November 29, 2019 Jeff Dutton, Dutton Employment Law Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

It is the terms of an Equity Agreement, Shareholders’ Agreement or Stock Plan that determine employees’ rights with respect to shares. The common law relating to compensation for breaches of a contract of employment (i.e. reasonable notice) does not apply to shares where there is a distinct and separate agreement.

employment agreement, employment contract, employment law, employment standards act, shareholders’ agreement, stock options

Hiring seasonal workers for the holidays? 10 things employers need to know

November 28, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation, 0

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

employment contract, entitlement to minimum notice, fixed-term employment contract, hours of work, premium pay, regular wages, scheduling work on Sundays, seasonal workers, temporary employees, Termination clause

Is the termination clause in my employment agreement enforceable?

November 21, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

benefits continuation, dismissal for cause, employment agreement, employment contract, employment law, fresh consideration, severance, Termination clause, termination without cause

Will saving provisions no longer save us?

November 20, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so.

employment agreement, employment contract, employment law, entitlement to severance, entitlements upon termination, sale of business, saving provisions, termination, Termination provisions

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Three popular articles this week on HRinfodesk

November 7, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employment contracts, 2020 payroll rates and illness in the workplace.

2020 payroll rates, employment contract, employment law, flexible workplace arrangements, sick leave, workplace flexibility

Do all arbitration clauses in employment agreements violate the ESA?

July 29, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

arbitration agreement, arbitration clause, Dismissal, employment agreement, employment contract

Can an employee take back a resignation even if the employer accepted it?

July 26, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

contract law, employment contract, employment law, right to resign, wrongful termination

You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

July 16, 2019 Piccolo Heath LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

employment agreements, employment contract, employment law, hiring, notice period, onboarding process for new employees, wrongful resignation

Failure to repeat termination clause after multiple promotions voids clause

June 28, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

Dismissal, employment contract, reasonable notice of termination, Termination clause, termination notice

Court of appeal says no backpedaling allowed on employee resignation

June 18, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Is an employer allowed to “re-hire” a long term employee on new terms if they retract their resignation? According to the Ontario Court of Appeal the answer seems to be yes.

dismissal without cause, Employee resignation, employment contract, employment law, retraction of resignation, termination of employment

Clauses to include in an employment contract

March 22, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

Employers in Ontario should require employees to sign an employment contract before starting work.

employment contract, non-competition and non-solicitation clauses, privacy

Harassers, empty your pockets and pay up! Including personal financial accountability for harassment in employment contracts – key considerations

March 12, 2019 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Recruiting and Hiring, 0

In January, Variety reported about the new position of John Lasseter, the former Pixar head of animation who was the subject of a workplace harassment complaints from Pixar staffers.

employment contract, employment law, harassment, harassment in the workplace, recruiting and hiring, sexual harassment, termination for just cause

The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

January 30, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

arbitration clause, employment contract, employment law, Heller v Uber Technologies Inc

Time as an independent contractor can be considered in the calculation of severance

January 29, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 1

This case demonstrates that employers need to know that if they hire their independent contractors into a genuine “employee” position, that time they spent as an independent contractor may be calculated in establishing their right to severance.

employment contract, employment law, termination