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The Consequences. The consequences of having a term of the Employment Agreement declared void or unenforceable can be significant. Usually the terms in dispute are ones that benefit the employer, for example, non-solicitation or non-competition terms. A finding that these terms are not enforceable can be very detrimental to the employer.
- David Greenwood
David’s practice is comprised of two areas: employment law...
- David Greenwood
Jun 9, 2016 · Even if the employment contract includes a termination clause, it may be unenforceable if it is not drafted properly. You should consult with a lawyer that is familiar with the nuances of drafting and employment law to ensure your employment contract is valid and enforceable. The material and information in this blog and this website are for ...
Nov 21, 2018 · The “offer” is the employment offer, often set out in a contract (but it could have been made verbally) and its terms, given to the employee. “Acceptance” occurs when the employee unequivocally accepts the terms of an offer made by an employer. But “consideration” is a trickier concept. Consideration was defined by the Ontario court ...
- Format—Written, Oral and Often Evolving
- Implied Terms—The Unwritten and Unspoken
- Areas Typically Covered
- Validity
- Common Examples of Invalid Contracts
- More Concepts on Employment Contracts
Although preferable for the protection of both parties, a contract of employment need not be in written form. Terms can be made by express or implied oral agreement and even through the conduct of the parties. Although usually signed at the start of the relationship, the employment contract is not necessarily frozen in time. Instead, it often evolv...
Some terms in an employment contract may be implied. This means that although not expressly written or stated by the parties, the implied term is reasonably expected by the parties. For instance, it is implied in every contract of employment that an employer will provide the employee with reasonable notice in the event of a termination. It is also ...
Contracts may contain few or many details. Some of the more common terms included in employment contracts include restrictions and limitations in the following areas: 1. Changes to the employee’s contract of employment in such areas as remuneration, duties, job title and geographic work location. Unless terms are clearly set out, changes to the ess...
Similar to other commercial contracts, an employment contract’s validity is not determined solely by the written or oral consensus of both parties. For the contract to be valid and enforceable, it must meet some basic conditions. At the most fundamental level: 1. there must have been an offer and acceptance of the contract 2. the contract and its t...
In some cases, a duly drafted and signed employment contract may be deemed invalid by a court. For example, if an employer were to change the existing employment contract so as to eliminate an existing contractual or common law right of the employee (such as benefits, vacation time or termination notice), consideration may not be present so as to c...
Jul 18, 2024 · The Court determined that the termination provisions are not enforceable because they contract out of employment standards under the ESA. Specifically, neither the ESA nor its regulations refer to a “for cause” dismissal and the employment contract uses the term “for cause” implying a common law approach to wrongful dismissal.
Jul 3, 2020 · On June 17, 2020, the Ontario Court of Appeal forged new ground in employment law with its decision in Waksdale v. Swegon North America Inc. (“Waksdale”). This decision has significant implications for employees and employers with respect to one of the most important cornerstones of the employment relationship: the employment contract.
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Jun 8, 2017 · The consequences of having a term of the Employment Agreement declared void or unenforceable can be significant. Usually the terms in dispute are ones that benefit the employer, for example, non-solicitation or non-competition terms. A finding that these terms are not enforceable can be very detrimental to the employer.
