In
the context of employment contracts, frustration can arise when the individual is no longer legally able to perform their duties.
Not exact matches
The case involves the indefinite suspension
of an employee with pay in the
context of negotiations for a buyout
of his
contract of employment.
In the
context of employment, this includes employees, independent contractors, temporary,
contract, seasonal and casual workers, volunteers, interns, co-op students and any person who engages in economic or productive work in the labour market.
While there's no question that probationary dismissals in non-union
contexts are subject to a similar type
of my analysis, we have to be cautious when importing labour principles into
employment law, simply because labour principles so frequently derive from terms
of collective agreements which are frequently not present in individual
contracts of employment.
The cause
of action arises often in the
context of employment, specifically where employers make inaccurate representations to prospective candidates regarding the terms
of the
employment contract.
This presentation looks at the key aspects involved in the drafting
of employment agreements and independent contractor agreements from the standpoint
of the employer, utilizing model
contracts for
context and discussion.
Julie also has experience analyzing and drafting
employment contracts and non-compete agreements in a variety
of contexts.
There was no need to determine whether the restrictive covenant in this case (i) was entitled to a presumption
of reasonableness (as done in the commercial
context), (ii) required a high level
of scrutiny (as done in an
employment contract), or (iii) perhaps fell somewhere on a spectrum between these two ends (as is assumed in respect
of franchise agreements, which are typically
contracts of adhesion yet involve independent contractors in a commercial
context).
With respect to the first argument, the Court found that the term «Probationary Period», while undefined in the fifth
employment contract, was unambiguous when read in the
context of the
employment relationship and how it was defined in the fourth
employment contract.
The bank that disclosed the customer's personal financial information declared that it did so in the
context of an ongoing investigation into a breach
of an
employment contract and violation
of a code
of conduct involving the complainant.
On this point, the plaintiff was in agreement with the defendants / respondents CAFC and Mr. Hrynew; the
employment and franchise
contexts do not apply to the impugned commercial
contract [paras 77 - 78, 84
of the Respondents» Factum].
The takeaway from this case for employees is to be mindful
of any new
contract of employment offered to you in the
context of a sale
of a business.
In this
context, it is important to recognise the difference between business to business
contracts and business to consumer
contracts (see below on this) and to bear in mind that the law does in some circumstances allow terms to be implied into
contracts (and especially
employment contracts), for a variety
of reasons.
He reviewed the development
of the law on unfair dismissal, holding that (as a necessary matter
of the implied intention
of Parliament and the parties to an
employment contract) the vital rules on disciplinary procedures are meant to take effect only in the
context of unfair dismissal.