fresh consideration

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

Three popular articles this week on HRinfodesk

April 6, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

Duty of care, employment agreement, employment contract, employment law, employment standards act, fresh consideration, occupational health and safety act, occupiers' liability, Occupiers’ Liability Act, OHSA, signing employment agreement before start date, T4, T4 information slips, Termination clause, volunteer, volunteer falls, volunteer injured, volunteer liability

Home renos and employment agreements: How employers can avoid the money pit

March 24, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

With home repairs, there is risk in DIY. Similarly, employment agreements require the input of an expert. If you’re not an employment lawyer, don’t try this (i.e. drafting or revising an employment agreement) at home.

bonus entitlements, consideration, employment agreement, employment agreements, employment law, fresh consideration, severance packages

Fresh consideration and employment contracts

November 17, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

When a company promotes an employee, the employer should provide the employee with a new contract to sign prior to allowing the employee to commence his or her duties. In that way, the company is providing the employee with “fresh consideration” to make the contract enforceable. Consideration is the legal word for the exchange of something of value to make contracts enforceable and in a promotion it takes the form of the increased salary that comes with the new job. If the company allows the employee to be promoted and then has the employee sign an employment contract after the promotion has already taken place, there is a chance the employee can argue the terms of the contract that were not discussed pre–promotion should not be enforced for lack of fresh consideration rendering the terms of the contract unenforceable.

consideration, employment contract, employment law, employment standards act, enforceable contract, fresh consideration, Gibbons v. BB Blank Inc., Holland v. Hostopia.com Inc., lack of consideration, promoted employee, promotion, Termination clause, termination clauses

Dependent contractors: Entitlement to reasonable notice

November 11, 2016 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The recent decision of Keenan v. Canac Kitchens, confirms that dependent contractors are entitled to reasonable notice of employment termination. The required notice period can extend to years, and such as in this case, amount to 26 months.

dependent contractors, employment law, Employment termination, fresh consideration, reasonable notice, reasonable notice of employment termination, wrongful dismissal

Ontario Court of Appeal rules that dependent contractors are entitled to reasonable notice

October 6, 2016 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

In its recent decision in Keenan v. Canac Kitchens, the Court of Appeal for Ontario confirmed that dependent contractors are entitled to reasonable notice of employment termination. The required notice period can extend to years, and such as in this case, amount to 26 months.

common law rights, dependent contractors, employment contract, employment law, fresh consideration, Keenan v. Canac Kitchens, reasonable notice, reasonable notice of termination