2018: Year Of The Employer? Two Helpful Decisions On Termination Clauses

Two recent Ontario cases have continued a recent trend of employer-friendly decisions regarding the enforceability of termination clauses. These cases reinforce the Ontario Court of Appeal’s decision in Amberber v IBM Canada Ltd1 (which we wrote about here) which found that judges should not strain themselves to try and find ambiguity in employment contracts.

Raposo v CA Canada Company2

Mr. Raposo was a Senior Business Technical Architect employed by CA Canada Company, the Canadian subsidiary of an American software […]

By | December 6th, 2018 ||

Trial period provisions continue to cause headaches for employers

The recent Employment Court case of Roach v Nazareth Care Charitable Trust Board [2018] NZEmpC 123 provides a timely reminder that caution is required when relying on a 90 day trial period:

Mr Roach was offered the job of Business Manager at Nazareth. Mr Roach signed an employment agreement which contained a trial period, and the parties agreed on a start date.

However, before Mr Roach started work as the Business Manager, he was offered the […]

By | December 5th, 2018 ||

Labor Law And The Challenges Of Artificial Intelligence

Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law.

Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI […]

By | December 4th, 2018 ||