Drafting and enforcing employment contracts

Join Torys' employment lawyers and litigators in part one of this two-part series on the latest development affecting employers.

The landscape of employment contracts continues to evolve—both through recent rulings Canadian courts as well as through new realities the pandemic has presented. Our employment panel will address two important 2020 court decisions in the context of an organization's ability to enforce their employment contracts. The panel will also share practical guidance on drafting employment contracts to mitigate risk and avoid pitfalls. 

• In Waksdale v Swegon North America, the OCA ruled that “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the ESA, both are unenforceable. Are your termination clauses still enforceable? And if not, how can you draft an enforceable clause? 
• In Heller v. Uber, the SCC ruled that the arbitration clause in Uber’s standard form contract was invalid due to unconscionability. Where does this leave employers using arbitration clauses and what is the impact of this case on standard form contracts?

9:00 a.m. EDT Webinar opens
9:15 - 10:15 a.m. EDT Presentation

Ontario: This program is eligible for up to 1.0 Substantive hour.
NY: This session contains 1.0 Areas of Professional Practice Credit.

Click here to register.

Sessions in this series:

• Drafting and enforcing employment contracts
• Managing the workplace in a time of uncertainty