A Fatal Flaw can Render an Employment Contract Moot
Employers work hard to find an employment contract that is enforceable, usually in an attempt to minimize severance claims. It is clear that the employer may indeed “contract-out” of the common law severance claim based on the implied term to provide reasonable notice. There are a host of roadblocks in its path to success, however, […]
Read MorePromotions and Revisiting the Employment Contract
Employment agreements must be revisited and re-negotiated when an employee has been promoted to a more senior position. This issue is often overlooked by employers. Failure to Revisit Can be Costly This is exactly what happened in a recent decision out of Saskatchewan. The plaintiff had been hired as a staff architect and had signed […]
Read MoreNew Laws for Federal Employees Coming Soon
The Canada Labour Code (the “Code“) regulates businesses under federal jurisdiction such as television and radio stations, inter-provincial trucking companies, railroads, banks and the federal government itself. The employment of roughly 11% of Ontario’s workers falls within the scope of federal law. A number of important changes are due to come into effect soon, dealing […]
Read MoreSubstantial Punitive Damages Awarded for Employer Conduct
A recent decision from British Columbia has awarded a substantial sum of punitive damages. Such an award is intended to punish for outrageous and intentional wrongdoing. It is usually quite difficult to obtain. On this occasion, the trial judge set the damage award at $110,000. Aggravated damages are also additional damage sums which are awarded […]
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