Understanding the employment contract • Making the case for well-written contacts • Contract quick reference • The dos and don’ts of drafting a contract
Having a good employment contract is almost always in the best interest of the employer. But if the contract is not given proper care and attention, it can end up being a costly thorn in an organization’s side. The following sites offer essential points to remember, tips, a real-life example and other resources for employers looking to learn more about employment contracts.
Understanding the employment contract
www.gowlings.com/resources/publications.asp?Pubid=760
This document on the website of law firm Gowling Lafleur Henderson is a good resource for employers and HR professionals looking to gain an understanding of employment contracts. The table of contents is hyperlinked for easy navigation, and begins by covering what constitutes an employment contract, offer and acceptance, evidence of consideration and implementation. It answers questions regarding whether or not a contract exists in absence of an actual written contract, what the advantages and disadvantages are to a written contract, which employees should have employment contracts and the impact of Wallace v. United Grain Growers, a landmark 1997 decision by the Supreme Court of Canada involving damages for the way a termination is handled. The document concludes with a list of eight steps to help employers increase the enforceability of a contract.
Making the case for well-written contacts
www.employmentlawtoday.com/loginArea/guestview.asp?articleid=181
This article, from the archives of Canadian Employment Law Today, looks at how a well-planned, well-drafted employment contract can protect an employer against costly and disruptive lawsuits. The article cites the case of Hamilton v. Open Window Bakery Ltd., where the employer attempted to terminate the employee’s contract before the time specified. Four important tips for employers on how to view and handle employment contracts are listed at the bottom of the article. The website for the newsletter, a sister publication to Canadian HR Reporter, features hundreds of articles on employment law, written in plain language from a business perspective.
Contract quick reference
www.employment-lawyers.ca/employerissues.html
This page on the website of Toronto-based law firm Zubas and Milne is a helpful, clickable quick reference that answers questions on employer issues, including frustrated employment contracts, independent contractors and employees, employment contract issues, poor performing employees and employment contract considerations, such as reasons to put it in writing, matters to consider, how to avoid problems and how to deal with them.
The dos and don’ts of drafting a contract
www.blakes.com/english/publications/leb/employmentcontracts.asp
Another useful resource appears on the website of law firm Blake, Cassels and Graydon. This offering is a list of dos and don’ts for employment law contracts, including explanations of each. Issues covered include language, timing, conditions, termination clauses and changes in the terms of employment. It also features a list of items to remember to include in a written employment contract, with a brief explanation of each element. A good overview of the process.
Shannon Simson is Canadian HR Reporter’s resource editor. Her Web Sight column appears regularly in the CloseUp section.
Understanding the employment contract
www.gowlings.com/resources/publications.asp?Pubid=760
This document on the website of law firm Gowling Lafleur Henderson is a good resource for employers and HR professionals looking to gain an understanding of employment contracts. The table of contents is hyperlinked for easy navigation, and begins by covering what constitutes an employment contract, offer and acceptance, evidence of consideration and implementation. It answers questions regarding whether or not a contract exists in absence of an actual written contract, what the advantages and disadvantages are to a written contract, which employees should have employment contracts and the impact of Wallace v. United Grain Growers, a landmark 1997 decision by the Supreme Court of Canada involving damages for the way a termination is handled. The document concludes with a list of eight steps to help employers increase the enforceability of a contract.
Making the case for well-written contacts
www.employmentlawtoday.com/loginArea/guestview.asp?articleid=181
This article, from the archives of Canadian Employment Law Today, looks at how a well-planned, well-drafted employment contract can protect an employer against costly and disruptive lawsuits. The article cites the case of Hamilton v. Open Window Bakery Ltd., where the employer attempted to terminate the employee’s contract before the time specified. Four important tips for employers on how to view and handle employment contracts are listed at the bottom of the article. The website for the newsletter, a sister publication to Canadian HR Reporter, features hundreds of articles on employment law, written in plain language from a business perspective.
Contract quick reference
www.employment-lawyers.ca/employerissues.html
This page on the website of Toronto-based law firm Zubas and Milne is a helpful, clickable quick reference that answers questions on employer issues, including frustrated employment contracts, independent contractors and employees, employment contract issues, poor performing employees and employment contract considerations, such as reasons to put it in writing, matters to consider, how to avoid problems and how to deal with them.
The dos and don’ts of drafting a contract
www.blakes.com/english/publications/leb/employmentcontracts.asp
Another useful resource appears on the website of law firm Blake, Cassels and Graydon. This offering is a list of dos and don’ts for employment law contracts, including explanations of each. Issues covered include language, timing, conditions, termination clauses and changes in the terms of employment. It also features a list of items to remember to include in a written employment contract, with a brief explanation of each element. A good overview of the process.
Shannon Simson is Canadian HR Reporter’s resource editor. Her Web Sight column appears regularly in the CloseUp section.
