Another One Bites the Dust: Understanding the Law of Termination Clauses in Ontario
2024 got off to a bang in the world of employment law. In a recent trial level decision, an Ontario judge has found yet another termination clause illegal and unenforceable. In so doing, the court accepted an entirely novel argument for why termination provisions may be read as impermissibly contracting out of the mandatory requirements of the Employment Standards Act, 2000 (the “ESA”).
Employment statements: now mandatory for federally regulated employers
How to Update Contracts for Existing Employees in Ontario
Fixed periods of employment are unaffected by unenforceable termination provisions
We often come across fixed-term contracts in our legal practice. Employers have varying reasons for wanting to use such agreements. Perhaps funding for an employee is tied to third party grants, or an employer wants to temporarily replace an existing worker during their period of maternity leave. Whatever the justification, we generally advise employers to think twice before using fixed-term contracts.
Understanding the Changed Substratum Doctrine - Is Your Old Employment Contract Still Enforceable?
Our firm is often retained by employees and employers to provide advice on dismissal entitlements. One of the first places we look in this regard is to the parties’ written employment contract (if one exists). Employers have an incentive to implement written contracts as a means of limiting future dismissal costs. For similar reasons, contracts often come under heavy scrutiny by employees (and their lawyers) whenever a job termination takes place.
Five Provisions to Include in Your Employment Agreements
Equity Compensation, Vesting Limitations, and Effective Communication of Plan Terms
Equity compensation is one of the fastest growing categories of employee pay. More and more Canadian workers are seeing some form of employer-issued equity (via stock options, restricted share units, employee purchase plans, etc.) offered as part of incentive compensation packages. However, little attention tends to be given to the fine print that accompanies equity pay.