A recent Ontario Court of Appeal decision is a good one for employers when it comes to drafting
employment agreement language, says a lawyer involved in the case.
«Given some of the decisions that have come out of the Court of Appeal which have required pretty high standards for employers in terms of drafting
employment agreement language, it was encouraging to see the court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Company.
Not exact matches
If you think you might do some consulting outside your place of
employment, you may want to set some boundaries (or at least add some clarifying
language) to your IP
agreement.
AGAT argued that the chambers judge had erred in holding that the
employment agreement did not contain sufficiently restrictive language to limit Holm's claim to the minimum notice requirements set out in Alberta's Employment Standards Code (the «Act &la
employment agreement did not contain sufficiently restrictive
language to limit Holm's claim to the minimum notice requirements set out in Alberta's
Employment Standards Code (the «Act &la
Employment Standards Code (the «Act «-RRB-.
A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an
employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in clear and specific
language in the contract.»
We've included similar
language in our Independent Contractor
Agreement,
Employment Agreement, and Employee Handbook.
The Court accepted that the parties did not intend to contract out of the minimum standards of the ESA and held that the plaintiff's challenges to the contract «represent [ed] either strained interpretations or [were] easily and reasonably cured using the curative
language contained in the
employment agreement itself».
Address benefits in the
employment agreement, including
language that the benefits may change.
The
employment agreement purported to abrogate Ms. Wood's common law rights upon the termination of her
employment with the following
language:
Certainly in Hilton UK Hotels Ltd v McNaughton EATS / 0059/04 the
Employment Appeal Tribunal held that future claims can be settled by way of a settlement
agreement, albeit the
language would have to be clear and unequivocal to do so.
In order to provide a greater level of certainty, federal employers should consider including
language in their written
employment agreements that limits the amount of notice and severance the employee is entitled to upon termination of
employment, but ensuring that this
language provides for at least the minimum amounts required by the Code.
Whether a particular Hospital policy on employee vaccinations is enforceable will depend on the reasonableness of the policy, and the
language in the applicable collective
agreement or individual
employment contract as the case may be.
Parties to an
employment agreement can not avoid the duty to perform the contract honestly by including
language in the
agreement that says the duty of honest contractual performance simply does not apply.
If you have a written
employment agreement it is possible that it contains
language (often under the sub-heading of termination of
employment) which sets out the full extent of your entitlements in the event that you are fired.
The Court held that the clear non-reliance
language prevented plaintiff from establishing justifiable reliance on any oral statements made by Company 1 to induce plaintiff to sign the offer letter or on Company 2 statements before signing the
employment agreement.
A Non-Disparagement
Employment Agreement is a contract between an employee and employer defining the employee's position at the company - but it also includes
language barring an employee from defaming, disparaging or criticizing the company.
Brandon and his attorney discussed that last phrase, and both decided that it was not a problem, as similar
language exists in many — perhaps even most —
employment agreements, bonus plans, benefit plans and equity plans.
It's important that the
agreement letter details clear
employment specifics, and omits any vague
language.