Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.
In the recent decision of Cormier v. St. Joseph Communications, the Court of Appeal upheld a motion judge’s finding that when calculating reasonable notice periods, an employee is entitled to include the duration of time they were an dependent contractor. This case highlights the risks posed by evolving employment relationships and the importance of drafting legally defensible termination clauses.
The three most viewed articles on HRinfodesk this week deal with when are employee recognition program taxable; if it is discriminatory to ask about a job candidate’s availability to work certain days; and how the Ontario Superior Court of Justice interpreted the termination clauses of an employment contract.