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Searching Content indexed under Contract of Employment by Field LLP ordered by Published Date Descending.
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1
How Dependent Must A Dependent Contractor Be?
The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law.
Canada
6 Sep 2019
2
Reality Check: Can You Contract Out Of Being An Employer?
With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally
Canada
17 Jul 2019
3
Maintaining Permanent Residency When Faced With A Departure Order
In order to maintain a permanent residency in Canada, residents must be physically present in Canada for at least 730 days (2 years) in every 5-year period
Canada
29 Mar 2019
4
Precise Language Needed To Override Reasonable Notice
It is fairly common for a written employment agreement to seek to limit an employee's termination notice to the minimum amount prescribed under employment standards legislation
Canada
23 Nov 2018
5
Non-Competition Clauses: Enforceable Or Just For Show?
When can a non-competition clause actually stop someone from working? Or are these clauses just for show?
Canada
4 Jun 2018
6
26 (Months) Is The New 24: No "Hard Cap" On Reasonable Notice Periods
What is the maximum amount of notice that an employee is entitled to upon termination? In Dussault v Imperial Oil Limited, 2018 ONSC 1168, the Ontario Superior Court of Justice ...
Canada
22 Mar 2018
7
Employment Standards Code Changes Are Effective January 1: Are You Ready?
◦If you have a compressed work week arrangement in place it will remain valid until its stated expiry or January 1, 2019, whichever is earlier.
Canada
5 Dec 2017
8
How Key Is The Employee? Identifying When An Employee Is A Fiduciary
A fiduciary employee is an employee trusted with a measure of responsibility by their employer.
Canada
18 Jul 2017
9
Taking The High Road: The Federal Framework And Preparing For The Legalization Of Marijuana
On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act...
Canada
26 Apr 2017
10
Don't Skimp On Statutory Minimums: Drafting An Enforceable Termination Clause
The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful...
Canada
22 Mar 2017
11
Alberta Law Clarified On Scope Of Good Faith In Contract And Incentive Pay Eligibility
A key provision in the LTIP provided that in order to be eligible for a bonus, the participant had to be an active employee on the vesting date of the LTIP bonus in question.
Canada
1 Mar 2017
12
5 Tips To Avoid Constructive Dismissal Claims
A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee...
Canada
1 Mar 2017
13
Current Workplace Issues: Video Surveillance
When can an employer use video surveillance in the workplace? Recent decisions and guidelines have addressed this thorny issue.
Canada
23 Jan 2017
14
Alberta Minimum Wage Increases Affect All Foreign Workers, Especially Caregivers
Effective October 1, 2016, Alberta's minimum wage will increase from $11.20 per hour to $12.20 per hour.
Canada
16 Sep 2016
15
Sit Back And Relax – Is There A Duty To Mitigate After Termination Of A Fixed-Term Contract?
The Ontario Court of Appeal recently issued its decision in Howard v. Benson Group Inc. 2016 ONCA 256, relating to the termination of a fixed-term employment contract.
Canada
12 Jul 2016
16
Dependent Contractors Awarded 26 Months' Reasonable Notice
Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale.
Canada
22 Mar 2016
17
Competing After Employment (Part 2)
A few weeks ago, Jawbone, a fitness tracking hardware and software maker, sued its arch-rival Fitbit, alleging that Fitbit lured its employees away to obtain access Jawbone's confidential information and product plans.
Canada
9 Jun 2015
18
Employee Ownership Of Patentable Inventions
A startup in the oil-and-gas service sector sought to improve downhole well stimulation technology. After a few years, differences between the three founders culminated in the ouster of Mr. Groves.
Canada
4 Jun 2015
19
Current Workplace Issues - Out-Of-Province Employment Standards Code
Two recent decisions in the Alberta Courts have defined the limit for the enforcement of the Employment Standards Code on employers who carry on business operations outside the Province of Alberta.
Canada
3 Jun 2015
20
"Employed" In Name Only – An Employer’s Duty To Provide Work
Will an employment contract be fundamentally changed if the employer stops assigning work?
Canada
16 Mar 2015
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