To what extent can employers rely on internal policies, not incorporated into an employment agreement, for determining employee rights and benefits? According to one decision from the British Columbia Supreme Court, very little.
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@kellysantini.com | 613.238.6321
Tuesday 6 May 2014
Sunday 5 January 2014
Non-Competition Clause and Injunctions: Beware What You Sign
Saturday 4 January 2014
Three Reasons to Have an Employment Lawyer Review an Employment Contract Before You Sign It
There are a number of reasons you may wish to have an employment contract reviewed by an Ontario employment lawyer before you sign on the dotted line. This post will look at the three most important reasons prospective employees should have employment contracts professionally reviewed.
Monday 14 October 2013
Caveat Venditor - Non-Competition Agreements in Asset Sales
In the most recent of decisions from the highest court concerning non-competition agreements and restrictive covenants, Payette v. Guay inc., 2013 SCC 45, released September 12, 2013, the Supreme Court of Canada affirmed that non-competition agreements negotiated in the context of a sale are different from non-competition agreements included in a simple employment agreement.
Monday 1 April 2013
Termination Provisions in Contract Unenforceable Without Continuation of Benefits
In a decision released in October 2011, Stevens v. Sifton Properties Ltd., 2012 ONSC 5508 (CanLII), the Honourable Justice Ian F. Leach held that where an employment contract failed to provide for the continuation of benefits throughout the applicable notice period - even though the employer actually maintained the benefits throughout the notice period - the contractual provision was of no force or effect.
Wednesday 23 January 2013
Limitation Period Applicable to a Claim for Indemnification
[EDIT: The Superior Court decision was overturned by the Court of Appeal for Ontario on June 7, 2013. For a summary of that decision see: Employers Must Sue for Indemnification Within Two Years: ONCA.]
Sunday 25 November 2012
Poorly Drafted Employment Agreement Proves Costly
If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.