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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A Guide to Notice Limitations Upon Termination

Employment contracts are often an attempt by an employer to minimize an employee’s payment upon the termination of employment. There is no doubt that a company can create a contract under which an employee gives up their common law rights to wrongful dismissal payments. That being said, a few recent cases reflect how difficult it […]

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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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Promotions 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 […]

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