There are 2 main sources of employment law that lawyers need know in order to properly advise employers and employees – that is common law and statute law. There is also the issue of contract law which obviously guide the contractual obligations between the parties, however a great portion of contract law can be based within the common law. What is common law and how do we deal with it? In the past, all law was based on legal principles decided by judges in Curts. In deciding cases, judges would draw conclusions and decisions from past cases that were before
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Yes and No. Employees are entitled to give their employers reasonable notice of their intention to terminate the employment if that notice is not fixed in a contract. Obviously an employee must give your company a reasonable opportunity for you to find a replacement for that person. Cases in the past have shown that there is a common law obligation to provide reasonable notice and the failure on the part of the employee to provide reasonable notice may give an employer an action for damages. What is important however is that normally employees will not be held responsible for economic
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Because of today’s economy many employers hire employees on contract. For example, most of the assistant Crown Attorneys in many areas in Ontario are hired on a year-by-year basis. A lot of sales people and professionals are also hired on a “fixed term” meaning that their jobs will start today and end one year from today. The contract then may or may not be renewed. If your employer ends your contract without reason before the end of your fixed term then you may be entitled to damages. However, reasonable notice of termination is normally inapplicable in fixed term contracts as
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The case of Loreto v. Little et al, 2010 ONSC 755 deals with how the law is a little different with non-competition, non-solicitation or confidentiality clauses for lawyers, doctors, dentist and other professionals that have files and payient lists. You can read the case here. Most of this commentary is pulled verbatim from this case. Normally when an employee departs his or her employer certain things are well known and set in place. Outward-bound employees, as a general rule, have certain responsibilities when they depart their employer. At the very least, in the absence of any restrictive contractual provisions, the
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