First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

By | 2 Minutes Read

‎(Another) Pit-fall warning for fixed-term employment agreements

In Makela v. Horizon School Division No 67, 2019 ABQB 974, Master J.T. Prowse of the Alberta Court of Queen’s Bench dismissed an employee’s claim for wrongful dismissal arising out of a fixed-term employment agreement. While this case ultimately had a happy ending for the employer, Makela provides a warning for yet another potential pit-fall of fixed-term employment agreements.

By | 5 Minutes Read

“Failsafe” language fails to save termination provision

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater of” act as a failsafe if the rest of the provision is contrary to the provisions of the ESA?

By | 9 Minutes Read

Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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