Employment Contracts - Things To Think About In 2013

In keeping with the New Year's tradition of making resolutions, we suggest that employers, their counsel and human resources personnel add one more to their lists: a review of existing employment contracts. Over the past year or so, Ontario courts rendered a number of decisions that impact the enforceability of written employment agreements and provide good reason for employers to take a fresh look at such contracts to ensure that they are enforceable and in compliance with applicable laws.

The following is a brief summary of these decisions and their consequences. One case that has elicited quite a reaction within the employment law community is Wright v. The Young and Rubicam Group of Companies (which we discussed here), in which an Ontario court struck down a termination provision contained in an employment contract based on the fact that it did not comply with the requirement in the Employment Standards Act, 2000 (Ontario) to continue benefits throughout the