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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Arbitration Clauses in Employment Contracts

Some employers attempt to “contract-out” of common law civil remedies by mandating that the employee submit all issues arising on termination to an arbitration process. The advantage to the employer is that this process is not open to public scrutiny, as is the case in a civil claim. All “pleadings” in a civil case are […]

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Good Faith and Employment Contracts

In a prior post, we reviewed the appeal process in the context of “the Uber arbitration” clause which is now pending. There is another case coming before the Supreme Court of Canada shortly which will very likely have a considerable impact on the interpretation of employment contracts in Canada. The Case in Issue The case […]

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