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termination notice

By McCarthy Tétrault LLP | 3 Minutes Read December 9, 2019

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

By McCarthy Tétrault LLP | 3 Minutes Read August 12, 2019

Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / employment law, group termination notice requirement, Mass termination, pay in lieu, statutory termination notice, termination notice, Wood v CTS of Canada Co, working notice

By Barry B. Fisher LL.B. | 2 Minutes Read June 28, 2019

Failure to repeat termination clause after multiple promotions voids clause

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / Dismissal, employment contract, reasonable notice of termination, Termination clause, termination notice

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