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Searching Content indexed under Contract of Employment by Stringer LLP ordered by Published Date Descending.
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1
Mud In The Water: Divisional Court Holds Limiting Language Required To Displace Presumption Of Reasonable Notice
It is becoming increasingly difficult for employers to understand what language is required in order for a termination clause to be enforceable.
Canada
27 Dec 2018
2
The Truth Will Set You Free – A Bad Reference Is Not Necessarily Defamatory
The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.
Canada
15 Nov 2018
3
Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice
In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee's employment, without providing consideration...
Canada
24 Jul 2018
4
Ontario Court Of Appeal Finds Clarity In Termination Clause
The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.
Canada
24 Jul 2018
5
Ambiguity Killed The Termination Clause
The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity.
Canada
24 Nov 2017
6
Short Service Employee Gets Four Months' Pay In Lieu Of Reasonable Notice
The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.
Canada
17 Nov 2017
7
Honesty Is The Best Policy - Court Of Appeal Upholds Dishonest Employee's Dismissal For Just Cause
Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying...
Canada
29 Jun 2017
8
Mitigating By Returning To Work: It Depends On The Circumstances
When must a dismissed employee accept an offer of alternate employment with their employer?
Canada
14 Jun 2017
9
Generous Termination Clauses: Think Twice Before Making Promises
Many employers include termination clauses in employment contracts to limit their liability when dismissing employees.
Canada
10 May 2017
10
Using Independent Contractor Not A "Get Out Of Jail Free" Card
A business' obligations to its workers will depend on whether the workers are employees or independent contractors.
Canada
26 Apr 2017
11
Alberta Court Rules On The Limits Of Good Faith In The Performance Of Employment Contracts
In a recent decision, the Alberta Court of Appeal strongly affirmed employers' right to terminate employees without cause, and without giving reasons.
Canada
10 Feb 2017
12
Re-Balancing The Express Entry System – IRCC Puts The Focus On Human Capital, Skills And Experience
On November 19, 2016, Immigration, Refugee and Citizenship Canada ("IRCC") announced changes to the Express Entry system designed to put greater weight on human capital, skills, and experience.
Canada
5 Dec 2016
13
Fixed-Term Fiasco: Employee Profits Off Of Termination Of Term Contract
Canadian employees are presumptively entitled to "reasonable notice" of termination.
Canada
27 Apr 2016
14
New Protections For Children In The Entertainment Industry
Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.
Canada
18 Mar 2016
15
Probationary Panacea: Divisional Court Affirms Rights Of Employers To Dismiss Probationary Employees Without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship.
Canada
29 Jan 2016
16
Workplace Policies Key In BC Court Of Appeal Decision Upholding Just Cause Dismissal
Non-unionized employees are owed "reasonable notice" under the common law, or pay in lieu of such notice, which can lead to significant payouts to terminated employees.
Canada
22 Jun 2015
17
Court Strikes Down Termination Provision That Provides For Salary During Notice Period
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees.
Canada
26 May 2015
18
Adjudicator Upholds Termination For Breach Of Employer’s Technology Policy
As technology becomes more ubiquitous in the workplace, the importance of having proper policies and discipline to govern the use of that technology by workers becomes more critical.
Canada
8 May 2015
19
The Supreme Court Weighs In On Suspensions And Constructive Dismissals
Employers are often surprised to learn of the risks of constructive dismissal when suspending non-unionized employees.
Canada
5 May 2015
20
Termination Clauses: A Cautionary Tale
Anyone involved in the human resources side of management will be familiar with the concept of notice periods for terminated employees, and how they are calculated.
Canada
23 Jan 2015
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