Avoiding the Employment Contract Part 2

As reviewed in most recent post, an employment contract is typically intended to “contract-out” of the employee’s wrongful dismissal rights. There are other issues to be concerned with, apart from the need for the contract to be compliant with the Employment Standards Act. Value Given Consideration is the legal term given to an important requirement […]

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Contracting Out of Wrongful Dismissal Awards

It is clear that an employment contract can be used by a company to “contract-out” of the common law, or judge made law, legal rights of an employee on termination of employment. The Employment Standards Act There is a fundamental rule which the company must follow to allow it to use such an argument to […]

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Dependent Contractors

In our most recent post, the issue of a principal-contractor agreement was reviewed. This week we discuss how it is possible to create a fair and binding agreement by which a person is hired as a contractor and not an employee. Often employer’s believe that classifying the workplace relationship like this will deny the contractor […]

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Independent Contractor or Employee?

If it walks like a duck, quacks like a duck and looks like a duck, chances are it’s a duck. While not the law, these words do set out a fundamental legal concept. An employer cannot simply call an employee an independent contractor and possibly hope to be able to avoid their legal obligations towards […]

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