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By Simes Law | 3 Minutes Read September 12, 2023

Fixed-term contracts: Just don’t do it!

Fixed-term contracts can seem like a useful tool for employers that may not require an employee indefinitely. However, while they appear straightforward, fixed-term contracts come with certain risks and complexities that both employers and employees should know.

Article by Simes Law / Business, Employment Standards, Payroll / employment law, employment relationship, fixed-term contract, independent contractors, mitigate damages, Notice of termination, termination Leave a Comment

By Barry B. Fisher LL.B. | 3 Minutes Read November 15, 2021

Sophistication of the employee does not affect legality of termination provision

notice periodIn 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.

Article by Barry B. Fisher LL.B. / Payroll / employment contract, employment law, fixed-term contract, termination, Termination clause

By Occasional Contributors | 2 Minutes Read April 13, 2020

‎(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.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll / common law damages, employment law, fixed-term contract, termination, termination provision

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