Void or Voidable ?
Contract Term Offside the ESA – Void or Voidable In a prior post, I reviewed the issue of the employer’s reliance upon a term which was in violation of…
Contracting Out of Incentive in Notice Period
A unique set of rules has developed with respect to contracts which propose to reduce or eliminate claims for incentives and similar sums attributable to the notice period. This is…
Chart – Details on Termination and Severance Pay in Ontario
This issue is reviewed above. Definitions for Termination & Severance Pay “regular wages” means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence…
Chart of Cases re Contracting Out of Common Law
Narrative Review is above Issue Decision Authority General Principles of Interpretation of Termination Clause Consider parties are not in equal bargaining power; Employees are unfamiliar with ESA; ESA is…
Older Cases Likely Staledated
Earlier Cases Not Consistent with Modern Law Mesgarlou v 3XS Enterprises Inc. is a September 2002 decision of Rutherford, J. of the Ontario Superior Court. The contract in question…
Check List to Enforce an Employment Contract
Timing Ideally the proposed employment contract should be sent to the potential employee with the first offer of employment. Include any significant manuals as appendices to the employment agreement.…
A Closer Look at the Employment Standards Act
The termination clause of the employment contract must not violate any employment standard to escape judicial scrutiny, as discussed above. The draftsperson must be aware of these entitlements to insure…
Checklist to Challenge Contract
Consideration When was the contract signed? Check the real date of the execution. Is the agreement said to be “as of January 1”? If agreement was signed after date of…
Contracting out of Common Law
This issue of contracting out of common law has received much attention in recent years. An Otherwise Valid Agreement This review presumes that there is a validly created contract. Regard…