Sentences with phrase «well drafted clause»

However, a recent case from the Ontario Superior Court of Justice, in Farah v EODC Inc., 2017 ONSC 3948, is a welcome sign to employers that a reasonably well drafted clause limiting the notice period, will be upheld.

Not exact matches

Whichever kind of alternative dispute resolution process is used, our attorneys will advise clients regarding the drafting of appropriate dispute resolution clauses, selection of a neutral third - party, as well as presentation of the case, achieving satisfactory results.

PLC has a number of forms that provide example clauses as well as expert drafting notes that can help in the creation of important transactional documents.

This decision confirms the importance of well - drafted employment contracts and the value of severance clauses which allow for any terms later rendered illegal to be excised without impacting the enforceability of the entire agreement.

While employers are encouraged to draft more precise probationary clauses for employment agreements, this case affirms that the term «probation» has a well - established meaning that permits an employer to terminate an employee without reasonable notice after making a good faith assessment about his or her suitability for a position where a probationary clause has been included in the employment contract.

A well drafted non-solicitation clause can prevent an employee from many forms of competition following their departure.

Fairness and balance are the keys to reasonableness, and well - drafted clauses that do not overreach the mark can be a useful tool to protect employers» interests.

Shorter may, in fact, be better when drafting: Going into extra innings (i.e., an all - inclusive clause) can be dangerous without a full roster (words like «benefits,» «severance pay,» etc.).

This session will take a practical approach to contracts and drafting, including a review of the common elements of a written contract, typical clauses you are likely to encounter, the pros and cons of boilerplate and standard forms, jurisdictional issues, and other situations where your drafting skills may be put to good use.

If you are drafting a contract, it may be a good idea to discuss including an arbitration clause for dispute resolution with your contract lawyer.

Still, as such clauses are not prohibited they can be included as a good family lawyer will draft a marriage contract in such a way as to ensure that the rest of the contract survives, even if the lifestyle clause does not.

Employers who wish to limit their exposure to longer notice periods for skilled, short service employees should ensure that they have well - drafted termination clauses in place, and consider a provision allowing for restrictive covenants to be waived when their harm outweighs their benefit.

Ellen provides advice to employers and employees in plain English on all aspects of employment law including: drafting and reviewing employment contracts, workplace policies, termination provisions, non-competition clauses and restrictive covenants, wrongful and constructive dismissal litigation, employment standards, workplace investigations, occupational health and safety issues as well as human rights in the workplace.

Henry advises clients on drafting employment and consultancy agreements and handbooks both within the UK and the EU, as well as on secondment and assignment issues when transferring staff internationally; drafting and enforcing non-compete clauses and confidentiality restrictions; handling poor performance and claims of discrimination; redundancies (reductions in force) and lay - offs; avoiding workplace harassment; conducting disciplinary investigations and grievances; work permits and visas and data privacy (including issues around the transfer of human resources data from the EU to the US).

Avoid overkill in their drafting: all too often one sees confidentiality clauses that require parties to keep quiet about the existence of the claim (as well the terms of its settlement).

Under New Jersey law, certain principles of contract interpretation may limit or undermine no - damages - for - delay provisions, and some conduct may nullify even the most well - drafted clauses.

Kingsley Martin, President and CEO of KMStandards, added: «Model forms reliably capture best practice standards, which can be used as a starting point for drafting a new agreement or selected clauses.»

It is critical for all employers to ensure that they have a well - drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny.

Well - drafted contract clauses can be our best friends, keeping us out of trouble by eliminating loopholes.