employment contracts

Three popular articles this week on HRinfodesk

August 29, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

The three popular articles this week on HRinfodesk deal with the CRA’s new payment on filing policy, termination provisions and employment insurance benefits.

CRA, employment contracts, employment insurance benefits, employment law, termination, Termination provisions

Termination clause update: New developments concerning benefit continuation and just cause language

February 15, 2019 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

benefits continuation, common law entitlement, employment contracts, employment law, just cause, reasonable notice of employment termination, wilful misconduct

Differences between executive and non-executive employment contracts

December 21, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation, 0

Executive employment contracts are drafted, unusually, in favor of the employee, rather than the employer as is the case in 99% of all non-executive employment contracts. This is not unreasonable, however.

contracts, employment contracts, employment law, executive employment contracts

Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

September 19, 2018 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

Dismissal, employment contracts, employment law, sale of business, termination, termination without cause

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

Startup employment contracts

March 23, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

Canadian startups and any company for that matter should have an employment contract for all new hires. An employment contract helps both parties understand the employment relationship, protects the start up in the event of the termination of employees and it can also serve as a useful mechanism to attract good employees.

bonus payments, employment contracts, employment law, incentive income, non-competition and non-solicitation clauses, non-competition clause, restrictive covenants, Startup employment contracts, startups, termination

Non-competition clauses – Language should be clear and unambiguous

March 2, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources

Employers should avoid using language that may introduce ambiguity and is broader than necessary to protect the employer’s legitimate interest. Courts will not fix a clause that they find to be ambiguous or overreaching

employment contracts, employment law, non-competition clauses

Three popular articles this week on HRinfodesk

February 15, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting

The three popular articles this week on HRinfodesk deal with the interpretation and enforceability of termination clauses, changes and improvements to services, benefits and credits for Canadians for the new tax filing season and improved ways for businesses to meet their reporting obligations.

benefits continuation, Canada Caregiver Credit, Children's tax credits, Disability tax credit certification, employment contracts, employment law, income tax filings, medical expense tax credit, Public transit tax credit, reporting obligations, Severance pay, termination clauses, termination without cause, terminations

Consideration: What’s good for the goose is good for the gander

February 6, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

The facts of this case are extremely unique. We more commonly see the courts using the doctrine of consideration to deny employers the ability to enforce restrictive termination clauses imposed after employees have already commenced working. However, the ruling gives employers hope that, if the circumstances were sufficiently extreme and an employee’s behavior egregious, the courts will apply the doctrine of consideration to an employer’s advantage.

consideration, employment agreements, employment contracts, employment law, fixed-term employment contract

Top five cases of importance to Ontario employment law – 2017 edition

January 2, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

2017 has been an incredibly busy year for Ontario employment law practitioners. In addition to the changes to the common law brought about by the decisions considered in this post, one would be foolish to omit any reference to the sweeping changes recently ushered in by the Wynne government as a result of the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22 (“Bill 148”).

Bill 148 the Fair Workplaces Better Jobs Act 2017, drug testing, employment contracts, employment law, Ontario employment law, termination, wrongful dismissal damages

Top 5 mistakes employers make in their contracts

October 30, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

Employment contracts are a useful tool for employers. But often, employers make mistakes when creating their contracts. Here are five of the main mistakes to watch out for.

contracts, employment contracts, employment law, fixed-term employment contract, Human Resources, non-compete clause, restrictive covenants, termination clauses

Online HR resources: Tips for more effective use

November 9, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, HR and Technology, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

Why reinvent the wheel? Drafting employment contracts, policies, termination letters and releases based on a past precedent is often a good place to start. It is usually both time and cost efficient, and for someone unfamiliar with the document, it’s a great learning opportunity. When using a precedent or online resource, here are the top 3 tips to ensure the document is legally enforceable in your workplace.

benefits upon termination, Employee vs. independent contractor, employment contracts, employment law, employment standards act, HR issues, HR resources, online HR resources, termination letters, workplace policies

Why bother with employment contracts?

October 14, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations

I had a client recently ask why he would bother going through the cost and efforts of doing up an employment contract, if he was going to have to fight with ex–employees’ lawyers and pay out a package in a without cause situation anyway. Good question.

employment contracts, employment law, Employment Standards legislation, entitlements upon termination, Just cause termination, pay in lieu of notice, terminate an employee, termination damages, Termination provisions, Without cause termination

Employment contracts may need to be amended because of a recent Court of Appeal decision

September 13, 2016 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built–in conditions that must be met before these bonuses are paid out. For example, an employee must be actively employed at the time the bonus is paid. Increasingly, the courts are being asked to determine whether these conditions have to be met and whether a bonus is owing. A recent decision by the Ontario Court of Appeal will come as a surprise to many of you.

bonus payments, bonus payout, bonus plans, bonus withheld from employee, calculating damages, employment contracts, employment law, Kieran v Ingram Micro Inc., Notice of termination, Paquette v TeraGo Networks Inc., reasonable notice of termination, severance package, terminated without cause, wrongful dismissal

Arbitrator upholds just cause termination in part on negative Facebook post

August 11, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR and Technology, HR Policies and Procedures, Human Resources, Training and Development, Union Relations

Social media has become entrenched in our society and millions of employees use it on a daily basis. However, employees are warned that making negative comments about their employers on social media can have significant repercussions. Arbitrator Norm Jesin recently upheld a just cause termination, in part, because the Grievor had made negative comments about the employer on Facebook after his employment had been terminated.

disciplinary record, Dismissal, employee use of social media, employees on Facebook, employment contracts, employment law, employment policies, facebook, Just cause termination, Local 1 (Cory Tucker) and Specialty Care Trillium Centre, non-disparagement clauses, repercussions of social media, severance agreements, social media, termination