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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Reference Letters

Reference Letters It is, generally speaking, true that the employer has no legal obligation to provide a reference letter to a past employee. A company may freely decline to provide a reference letter with impunity. Tombstone Letters Employees often encounter an employer who refuses to provide them with a reference letter. In such instances, employees […]

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Negative Covenants in an Employment Contract

Negative Covenants in Employment Contracts A negative covenant, also known as a restrictive covenant, is a term in an employment contract which states that the employee “shall not do” certain things following the end of employment. There are three popular types of covenants which restrain a person’s ability to carry on competitive employment, which are […]

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Vacation Pay

Vacation Pay Most employees in Ontario know that they are, by law, entitled to at least two weeks of vacation every year. However, not many employees realize how important the vacation provisions in the Employment Standards Act (ESA) are, including provisions related to vacation pay, and how much these provisions can impact other aspects of […]

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