Sentences with phrase «enforceable contract of employment»

Not exact matches

An employment contract purporting to limit the post-employment activities of the employee will be enforceable if the former employer can show the restriction is justifiable and reasonable in scope.

FDI argued that the contract should be upheld as enforceable because by signing her employment agreement after the commencement of her job, Ms. Wood was merely fulfilling an administrative step that in no way altered the terms and conditions of her employment.

Given the significance of termination and restrictive covenant clauses it is advisable that employers ensure that clauses in their employment contracts are not only clearly drafted but will be enforceable in the jurisdiction (i.e. Ontario) where the employee will be working.

The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no enforceable provision for early termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.

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.

The Ontario Court of Appeal held in Howard v Benson Group Inc. 4 that an employee who has been dismissed prior to the end of the fixed term will be entitled to the wages and benefits he or she would have received to the end of the fixed term unless the employment contract contains an enforceable termination clause that specifies a pre-determined notice period in the event of early termination.

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

Termination Clause Enforceability: Ontario Court of Appeal attempts to clarify enforceable termination clauses in employment contracts

Alternatively, the judge found that if the employment contract was not enforceable DeGagne was entitled to 6 months reasonable notice of dismissal writing:

Any changes to the employment contract following the sale of shares must be accompanied with fresh consideration for them to be legally enforceable.

If the purpose of the probationary period provision in the employment contract is to allow the employer to fire you without notice or severance, you are going to want to know if that provision is legal; not all contractual provisions are legally enforceable.

I have therefore decided, on equitable grounds, that it is well within my remedial authority to restrain and «estopp» the employer or its servants from denying the existence of an enforceable employment contract, arising from the Resolution of July 19th, where the exercise of good faith and alacrity might have ensured its existence.

In Wood v. Fred Deeley Imports Ltd, the Ontario Court of Appeal has provided further insight into the factors that will be considered in determining whether an employment contract is enforceable, and thus properly limits an employee's common law entitlements on termination.

With respect to the issue of the enforceability of the employment agreement, Chief Justice for Ontario, the Honourable George Strathy held that the trial judge had erred in deciding that the contract was enforceable.

The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable.