Running a business in Ontario is hard enough. But add to that the extensive catalog of Ontario employment laws that includes:
- Public Sector Labour Relations Transition Act, 1997;
- Accessibility Ontarians with Disabilities Act, 2005;
- Workplace Safety and Insurance Act, 1997;
- Employment Standards Act, 2000;
- Occupational Health and Safety Act; and
- Protecting Child Performers Act, 2015.
Add to that the numerous other statutes impacting employer-employee relationships such as:
- Personal Information Protection and Electronic Documents Act;
- Canada Labour Code; and
- Employment Equity Act.
It can quickly become overwhelming to keep up to date on them all, especially when it comes to hiring.
Employment Contracts: Written, Verbal, Implied
Employment contracts are the basis of every business. Companies need employees. And while everyone is better protected when employment contracts are written in clear and obvious language, it isn’t legally required. To be valid, an employment contract need only consist of the essential elements of any enforceable contract:
- An offer made to a potential employee with an intent for the creation of a legal relationship;
- the offer must be accepted with consideration of capacity and legality; and
- in cases where a written employment contract has been considered but has not yet been signed, it is still enforceable so long as the conduct of both parties demonstrates their clear intent was in agreement to enter into a binding contract.
While most employment contracts start written, in reality, the majority of contracts are only part written, with additional implied elements.
Termination Clauses Within Employment Contracts
A recent case heard by the Court of Appeals gave many Ontario businesses pause when it came to termination clauses. In fact, the courts found that as a result of inconclusive terminology, the termination clause was unenforceable, with the plaintiff receiving restitution greater than what ESA would have provided.
Protection Against Potential Damages
When it comes to navigating the sea of employment legislations in Ontario, it might feel like you have few choices to protect your business. However, by partnering with a specialized staffing expert – one who is well-versed in Ontario employment requirements and human resource strategies – you not only get the top talent you need to grow your business, you get protection from potential liabilities associated with hiring new staff.
If your company is experiencing growth, or if a current project is surpassing its anticipated timeframe, reach out to the specialized recruiters at Employment Professionals Canada. We aren’t just staffing industry experts, we’re the Ontario employment law specialists you need. Contact Employment Professionals Canada today.