News & Analysis as of October 13, 2024

Contract Terms

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

Littler on 3/12/2024

In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Ontario Court Rules Employer's Discretion to Terminate is Shackled by the ESA

Stikeman Elliott LLP on 3/6/2024

In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract...more

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

Stikeman Elliott LLP on 8/22/2023

The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

Stikeman Elliott LLP on 2/27/2023

In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable....more

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

Littler on 3/9/2022

In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

British Columbia, Canada: Court of Appeal Sets Aside Aggravated Damages Award in Wrongful Dismissal

Littler on 11/19/2020

In Quach v. Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court’s decision to award aggravated damages to an individual whose job was terminated before his employment...more

New Regulations Enhance Rights of Fixed-Term Employees in the Netherlands

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2020

Using fixed-term employment contracts has become more expensive for employers as a result of new regulations introduced in the Netherlands on January 1, 2020....more

Significant Changes to Dutch Employment Law Take Effect

Jones Day on 2/6/2020

The Situation: Several changes to Dutch employment law took effect January 1, 2020, most notably those resulting from the Labor Market in Balance Act. The Result: Businesses in the Netherlands must be aware of and comply...more

Employers in the Netherlands Can Save on their UI Premiums by Changing Contract Types

Littler on 12/13/2019

Starting January 1, 2020, the new Dutch Balanced Labor Market Act (Wet arbeidsmarkt in balans, WAB) will enter into force. This new law seeks to encourage employers to offer their employees indefinite-term contracts—which...more

Orrick’s 101 – Legal Q&A Fixed-Term Contracts

Orrick, Herrington & Sutcliffe LLP on 8/28/2019

German employment law provides for rather strong dismissal protection. This is the main reason why more and more employers are hiring employees on a fixed-term basis, since this will in most cases end employment legally...more

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

Littler on 4/14/2017

Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...more

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