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

fixed-term contract

By | 3 Minutes Read

Sophistication of the employee does not affect legality of termination provision

In Livshin v The Clinic Network Canada (2021 ONSC 6796) Black J. had situation where the termination clause breached the ESA in that they referenced ”just cause” as a a ground for paying no severance, which following Waksdale v Swegon, (2020 ONCA 391) is illegal and voids the entire termination clause, including the “not for cause” provision.

By | 2 Minutes Read

‎(Another) Pit-fall warning for fixed-term employment agreements

In Makela v. Horizon School Division No 67, 2019 ABQB 974, Master J.T. Prowse of the Alberta Court of Queen’s Bench dismissed an employee’s claim for wrongful dismissal arising out of a fixed-term employment agreement. While this case ultimately had a happy ending for the employer, Makela provides a warning for yet another potential pit-fall of fixed-term employment agreements.

By | 3 Minutes Read

Fixed-term contract costs employer $1.2 million in severance

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

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