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Searching Content indexed under Contract of Employment by Siskinds LLP ordered by Published Date Descending.
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Ontario Court: Purchaser In Asset Transaction Cannot Rely On Release Between Employee And Seller
"Privity of contract" is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights
Canada
11 Oct 2019
2
Risky Business: Alleging Cause If You Don't Have It
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a "for cause" termination
Canada
27 Sep 2019
3
Termination Clause Update: The Unclear Impact Of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
I have previously discussed the enforceability of termination clauses in former blog posts, available here and here. In short, a long history of inconsistent and amorphous
Canada
11 Sep 2019
4
We (Do Not?) Have A Deal: Mutual Agreement On Essential Terms Will Make Settlement Binding
Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package...
Canada
22 Aug 2019
5
Can An Employee Declare Frustration Of The Employment Contract?
More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future.
Canada
30 Jul 2019
6
Not-So-Breaking News: You May Not Contract Out Of The Employment Standards Act, 2000
In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449,
Canada
17 Jun 2019
7
Enforceability Of Termination Clauses In Employment Contracts – Trending Towards Clarity, Or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination ...
Canada
28 Dec 2018
8
Bill 47, Making Ontario Open For Business Act, 2018
Many businesses that are provincially-regulated employers in Ontario have spent the better part of last year changing their workplace policies to ensure compliance with the labour reforms...
Canada
14 Nov 2018
9
Follow The Bouncing Ball: Enforcing Termination Provisions
Employers need some good news these days, with rising minimum wages, employee-friendly changes to many employment standards, and let's not even mention the stock market.
Canada
8 Feb 2018
10
Upcoming AODA Deadlines And Workplace Related Requirements To Date
As the end of the year approaches, and with it the deadline for many businesses to file their Accessibility Compliance Report, it seems as good a time as any to review the AODA and...
Canada
8 Nov 2017
11
Just Cause: All's Well That Ends Well, But In The Meantime…
It's not news to readers of this blog that proving just cause for the dismissal of an employee is a high hurdle.
Canada
30 Aug 2017
12
Frustration Of Employment Contract: What To Consider Before Throwing In The Towel
Like any contract, an employment contract can be "frustrated" when continued performance of the contract becomes impossible or would be radically different because of a dramatic change in circumstances.
Canada
14 Aug 2017
13
Indecent Proposal? Whether And How To Ask Existing Employees To Sign New Employment Contracts
Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer's...
Canada
3 Jul 2017
14
Potential Changes To Employment Legislation May Mean Increased Liability For Franchisors
The Ontario Changing Workplaces Review's final report is expected to be delivered in the next few weeks and, if some of the ideas contained in its interim report become law...
Canada
9 Mar 2017
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