Employment Contracts & Leaving an Employer

In our prior post, we reviewed the issues that may arise when leaving your present employer to accept new employment. That post dealt primarily with a review of the concepts of inducement and misrepresentation. As mentioned in that article, the impact of an employment contract often arises when leaving a job, as it may affect […]

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The Duty of Good Faith & Employment Contracts

The Supreme Court of Canada is expected soon to release its decision in an important case involving the duty of good faith and fair dealing owed between contracting parties who happen to be an employer and employee. Summary of Prior Cases The reader may be wondering what all the fuss is about, as employers have […]

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Suspension Without Pay & Constructive Dismissal

Constructive dismissal occurs when an employee is not terminated directly, but when their employer’s conduct indicates that the employer no longer wishes to be bound by the employment contract. In other words, when the employer creates a situation for the employee that is drastically different from that contemplated by the original employment agreement. This may […]

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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, […]

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