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probationary clause

By Doug MacLeod, MacLeod Law Firm | 2 Minutes Read August 16, 2022

Impact of employment contracts on hiring in a tight job market

employment contracts

Canada’s unemployment rate is very low at the moment and employers in many different industries are therefore finding it very difficult to fill vacant positions.

Enter the typical employment contract which is usually one sided in favour of the employer. In the past, employees may not have read them too carefully and those that did typically held their collective noses and signed. Now employees are in a much better negotiating position.

So the question becomes: Does using your standard employment contract put you at a competitive disadvantage in a tight job market.

For example, how does a prospective employee in this job market view a probationary clause and do you really need one?

Similarly, how will many (perhaps most) potential job applicants react to an offer which requires them to attend at the office 5 days a week when they are now accustomed to working remotely?

Often an employer uses … Continue reading “Impact of employment contracts on hiring in a tight job market”

Article by Doug MacLeod, MacLeod Law Firm / Business, Employment Standards / employment contracts, employment law, hiring, non-solicitation clause, probationary clause, remote work, Termination clause Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 1, 2017

Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation...six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / common law entitlement, common law reasonable notice, employment agreement, employment law, employment relationship, employment standards act, entitlements on termination, Ontario Court of Appeal, pay in lieu of notice, probationary clause, probationary clauses, probationary employee, probationary period, reasonable notice

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read March 14, 2017

Probationary period clause gets employer into hot water

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Payroll / employment contract, employment law, Ly v. British Columbia (Interior Health Authority), Notice of termination, offer of employment, probation, probationary clause, probationary employee, probationary employee assessment, probationary employee suitability, probationary period, probationary period clause, reasonable notice of termination, termination pay

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