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ARTICLE · 26 JANUARY 2017

Employment Agreement Can Include Cover Email Presenting It

McMillan LLP
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Many employers mistakenly believe that they have an "ironclad" contract which limits employee severance obligations. The recent decision in Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307 confirms...

CanadaEmployment and HR
McMillan LLP
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Many employers mistakenly believe that they have an "ironclad" contract which limits employee severance obligations. The recent decision in Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307 confirms that this is not always the case: even if the document "looks clean", a covering email which attaches an agreement or offer can be used to determine the intention of the parties.

Background Facts

In the fall of 2015, Bausch & Lomb Canada Inc. interviewed Sandra Ballim about possible employment. The position involved replacing an employee who was going on maternity leave.

Following two successful interviews, Ballim was sent an email with the subject noted as "Offer". The email attached an employment agreement and also stated as follows: "It is a one year contract." At trial, the evidence was that this one year term reference was not solicited by Ballim.

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