Tag archives: Employment Contract

(Just) Cause for Concern? Ontario Divisional Court weighs in on enforceability of “for cause” termination provisions

Photo of Samantha CassBy Samantha Cass on Posted in Canada, North America
The Ontario Divisional Court recently dismissed the employer’s appeal in Lamontagne v JL Richards & Associates Limited (Lamontagne)[1], adding an appellate lens to the body of case law addressing the enforceability of “for cause” termination provisions in employment contracts.[2] In Lamontagne, the employer terminated the applicant’s employment without cause after 6.25 years. The applicable employment … Continue reading

Visual contracts: Re-imagining the employment contract

Photo of Jason NoakesBy Jason Noakes on Posted in Asia Pacific, Australia, Contracts
We had the pleasure of assisting global engineering and infrastructure advisory company Aurecon become the first employer to launch a visual employment contract across its workforce in Australia. The brief?  To assist in re-imagining the standard written employment contract into an interactive and vibrant agreement, which governs the employment relationship and embodies the culture and … Continue reading

Is it possible for employers to change the terms of employment contracts in France?

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Contracts, Europe, France
Under French law, the ability of an employer to alter the terms and conditions of employment of its employees is very restricted. It is generally necessary for the employer to obtain the consent of the employee if it wishes to implement a change in his/her terms and conditions of employment. The principle and procedure applicable … Continue reading

Probationary period: compliance with the notice period may give rise to a new employment contract

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
The legal background Under French employment law, the provision of a probationary period in an employment contract entitles the employer to terminate the contract without being required to follow a dismissal procedure or to justify the termination on real and serious grounds. However, the termination of an employment contract during a probationary period must be … Continue reading

Termination Clause Unenforceable Where Falls Below Statutory Requirements

Global Workplace InsiderBy Michael Torrance on Posted in Canada
The recent decision of Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 involved a claim for wrongful dismissal damages in which the Plaintiff successfully argued that a contractual termination provision was unenforceable. On the facts, the employee signed an employment contract at the time of hire stating that, “Regular employees may be terminated at any time without cause … Continue reading

Suspension of an employee’s driving license: unenforceability of an automatic termination clause

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
French case law generally does not allow dismissals of employees based on facts related to the employees’ private life. In this respect, the suspension (or the withdrawal) of an employee’s driving license caused by the employee’s behavior outside his/her working hours does not necessarily justify the termination of his/her employment contract. However, when the holding … Continue reading
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