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
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
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
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
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
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
Written contract requirement
PRC law requires that an employer must enter into written employment contracts with each of its employees within one month after the commencement of the employment.
Where an employer fails to enter into a written employment contract within such period of time, the employer is liable to pay double salary to the