fixed term contract

Fixed-terms are distinct from termination provisions: Ontario Court of Appeal

Fixed-terms are distinct from termination provisions: Ontario Court of Appeal

In a short decision, the Court of Appeal for Ontario has recently clarified an important question regarding fixed-term employment contracts. Namely, whether a fixed-term itself can be considered a type of termination clause.

Fixed periods of employment are unaffected by unenforceable termination provisions

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.

Fixed Term Contract Costs Employer $497,000.00+

Fixed Term Contract Costs Employer $497,000.00+

Most employment contracts operate for an indefinite period. Lesser seen are fixed term agreements. The latter are most often used in the context of a sale of business and in the not-for-profit sector (where funding is frequently tied to time-limited grants). Regardless of their underlying motivation, fixed term contracts come with significant risks for employers.