header_iceberg.jpg

Category: Employment Contract

Alberta Court of Appeal Denies Incentive Compensation to terminated Employees; Ontario Court of Appeal Does Not

By , June 6, 2017 4:31 pm

As we have written in the past, there is significant legal uncertainly as to whether an employee is entitled to receive incentive compensation during the common law reasonable notice period. An Alberta Court of Appeal decision appears to have rejected the Ontario Court of Appeal’s approach to interpreting incentive compensation plans for terminated employees. The Continue Reading…

Preparing an Employee Severance Package: Five Reasons to Hire A Lawyer

By , March 31, 2017 1:29 pm

A lawyer can explain your obligations under the Employment Standards Act. Did you know there are employees who are not entitled to vacation pay, overtime pay, termination pay and severance pay under this law? For employees who do not work a regular work week did you know there is a formula to determine how to Continue Reading…

Court of Appeal Gives Clarity to Termination Clauses

By , March 3, 2017 9:43 am

As we have written in the past, the enforceability of termination clauses is a hotly contested area of employment law. Employers who draft proper termination clauses in employment contracts can significantly limit their liability when terminating employees. A termination clause that is poorly written will not be enforced by a court. If the clause is Continue Reading…

Probationary Clause Gets Employer Into Hot Water

By , February 14, 2017 8:57 am

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog Continue Reading…

Incentive Compensation Plans: Court Considers Evidence of the Parties’ Conduct After a Contract is Signed to Assist in Contractual Interpretation

By , January 31, 2017 9:01 am

From time to time, employers change their incentive compensation plans for some of their employees – especially sales and marketing personnel. It may be the result of a change in market conditions. It may be in response to the organization’s growth rate or as a result of a reorganization. And sometimes these written agreements are Continue Reading…

Panorama Theme by Themocracy