What is “consideration”? Employers beware when implementing new agreements
Consider this: you provide a new agreement to an existing employee. The agreement contains a termination clause limiting the employee’s entitlements upon termination to the minimum under the statute....
View ArticleJob for life is no joke for Quebec employer
It is important for employers to keep in mind that the words in employment contracts have meaning. Moreover, where it is the employer that has drafted the contract and sought the requested terms, in...
View ArticleCourt nixes valid termination clause because of illegal conflict of interest...
In Henderson v. Slavkin et al., 2022 ONSC 2964 Justice Carole Brown dealt with the legality of an ESA Termination Clause. The actual termination clause itself was found to be OK, but both the...
View ArticleNew year, new employment agreements?
As you look ahead to 2023 and think about employee retention, management and the needs of your workforce, it’s also a good time to review your employment agreements and ensure everything is in order....
View ArticleCourt provides clarity on fixed term contracts
Sometimes, the law works in a way that can make an employment lawyer’s job seem like magic. An ironclad employment agreement can suddenly disappear when the correct language is identified as being in...
View ArticleNew case on arbitration clauses
Recently, the Divisional Court released its appeal decision in the case of Leon v. Dealnet Capital Corporation, which also deals with interesting aspects of the law surrounding arbitration agreements...
View ArticleWrongful resignation: rarely worth the effort
Less well known is the corollary of wrongful dismissal: wrongful resignation. Just as employers are obligated to give notice prior to terminating the employment relationship, so too are workers....
View ArticleProving failure to mitigate is difficult
The Superior Court of Justice for Ontario considered a long-term employee’s reasonable notice period and mitigation efforts in Wall v M.H. Rowe Sheet Metal Fabricating Inc. (no citation yet). This...
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