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News and Discussions on Payroll, HR & Employment Law

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Will saving provisions no longer save us?

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so.

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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Employees, corporate transactions and the entrepreneur

An entrepreneur’s workforce grows either through fresh hires or through the acquisition of companies that bring along new employees.  Whether your organization is a large multi-national in a complex mergers and acquisitions (M;&A) transaction or a start-up looking to acquire a 2-person corporation with a new development line or skill set, the employment law implications are complex, yet largely the same.

 

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Can an employer be liable to an employee for previous service to a related employer?

Rule of law

In unionized industries and in particular the construction sector, there are well established rules governing when multiple companies can be considered a single employer under the law. Dozens of multiple employer applications per year are brought in Ontario alone.  The same cannot be said about common employer determinations in the non-unionized sector. However, a recent case heard by the Ontario Superior Court of Justice dealt with such a situation.

 

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