fixed-term contract

Fixed-term contract costs employer $1.2 million in severance

August 16, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

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”).

constructive dismissal, employment agreement, employment law, fixed-term contract, Terminating a fixed-term contract early

Slate not wiped clean by release in context of share sale

January 3, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

common law notice, employment agreement, employment law, fixed-term contract, fixed-term employment contract, pay in lieu of notice of termination, Severance pay, share sale, termination, wrongful dismissal claim

Divisional court finds employer demonstrated bad faith and acted as “puppeteer” in wrongful termination case of fixed-term independent contractor

January 18, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Human Resources, Notice, Damages and Settlements

The recent case of Radikov v. Premier Project Consultants Ltd et al. is a cautionary tale of the importance of good faith in consulting contracts after the Ontario Superior Court of Justice dismissed Premier’s appeal, finding Premier had acted as a “puppeteer” by keeping Mr. Radikov at its “beck and call” before terminating his fixed term contract two days before completion and refusing to pay the outstanding fixed-term contract price.

early termination of fixed term contracts, employment law, fixed-term contract, fixed-term independent contractor, independent contractor, termination, wrongful dismissal

Case study: Why you need to periodically review your employment contract

November 7, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Recruiting and Hiring

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.

amount of notice of dismissal, employment contract, employment law, ESA only termination clauses, fixed-term contract, termination clauses

Three popular articles this week on HRinfodesk

July 14, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Recruiting and Hiring, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: A case that explains the meaning of a “probationary” period for an employee; a case that awards employee on fixed-term contract; and an article that looks at current and upcoming minimum wage.

employment law, fixed-term contract, increases minimum wage, minimum wage, probationary period

A brave new world? – Probably not but employers sometimes have to deal with 26 months’ notice and “dependant contractors”

March 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The Ontario Court of Appeal has further shattered the “24 month maximum” myth. In Keenan v. Canac Kitchens Ltd., the Court of Appeal upheld a Trial Judge’s finding that two long service workers were “dependent contractors” and therefore entitled to 26 months’ reasonable notice on termination.

contactor agreements, dependent contractors, fixed-term contract, independent contractor, Keenan v. Canac Kitchens Ltd., long service employees, reasonable notice of termination, termination, wrongful dismissal lawsuit, “24 month maximum” myth

Three popular articles this week on HRinfodesk

November 26, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Customer Service, Wages and Compensation

Three popular articles this week on HRinfodesk deal with presenteeism; fixed-term contract; and, changes to accessibility regulations.

Accessibility for Ontarians with Disabilities Act, accessibility regulations, AODA, disability management, employment contract, employment law, fixed-term contract, HRinfodesk, Morneau Shepell, presenteeism, Terminating a fixed-term contract early, Termination clause, workplace production

Poor drafting leads to finding of fixed term contract

August 24, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

Recently, the British Columbia Supreme Court released a decision whereby poor contractual drafting on the part of the employer resulted the court finding that there was an operative three-year fixed term that could only be terminated early by paying the balance of the contract as damages minus any amounts earned as mitigation.

duty to mitigate, early termination clause, Early termination of employment contract, employer’s liability on termination, employment contract, employment law, fixed-term contract, minus any amounts earned as mitigation, mitigation income, paying the balance of the contract as damages, poor contractual drafting

Three popular articles this week on HRinfodesk

March 12, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

Three popular articles this week on HRinfodesk deal with the importance of carefully crafting employment agreement; an employer’s offensive, distasteful and inappropriate’ motivational presentation; and, OHS worker fatality.

discrimination, employment agreement, employment contract, employment law, fixed-term contract, grievance, harassment, Jail sentence, occupational health and safety, Workplace accident, workplace fatality, workplace injury

Three popular articles this week on HRinfodesk

March 5, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring

Three popular articles this week on HRinfodesk deal with overtime in British Columbia; fixed term contracts; and, the stigma of mental illness in the workplace.

Centre for Addiction and Mental Health, conditions of employment, constructive dismissal, discrimination, employment contract, employment law, employment standards act, fixed-term contract, fixed-term employment contract, HRinfodesk, Mental illness at work, Mental illness in the workplace, overtime, Stigma keeps mental illness

Danger of fixed term contract avoided

January 23, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The recent decision in Tossonian v. Cynphany Diamonds Inc. highlights the importance for both employees and employers to clearly specify the fundamental terms of an employment contract in writing including the “term” of the contract.

common law pay in lieu of notice, Danger of fixed term contract, duty to mitigate, early termination of fixed term contracts, Employee resignation, employment agreement, employment contract, employment law, fixed-term contract, fundamental terms of an employment contract, resigned from position, terms of employment

Three popular articles this week on HRinfodesk

August 7, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Wages and Compensation

Three popular articles this week on HRinfodesk deal with the new T4127 payroll guide; renewal of fixed-term contract; and employee resignation.

advance notice of non-renewal of employment, Court of Queen’s Bench of Alberta, Employee did not resign, employment law, fixed-term contract, fixed-term employment contract, HRinfodesk, income tax table, New T4127 payroll guide creates complexities for payroll, Newsletter, Ontario budget, T4127 payroll guide, termination, terminations, wrongful dismissal

Weight a factor in employment decisions

March 5, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation

In a recent HRinfodesk poll, we asked our readers if a person’s weight had ever influenced their decision on whether to hire, promote or reward the person. The reason I was so interested in the topic is that a Quebec lawyer recently sued her former law firm because she believes the firm discriminated against her in employment because she was overweight.

BFOR, bona fide occupational requirement, discrimination, employment, employment contract, employment law, employment related decisions, fixed-term contract, height and weight requirement, hiring, overweight, Physical appearance, Physical disability, promoting or rewarding employees, psychological harassment, Quebec Human Rights Commission