Rejdak v. The Fight Network Inc. – Ontario Superior Court of Justice – July 29, 2008

An oral contract which precedes a written agreement will govern the employment relationship if there is no fresh consideration given in the written agreement and the employee acted on the oral contract to the point of not being able to refuse the written agreement.

The July 29, 2008 decision by the Ontario Superior Court of Justice in Rejdak v. The Fight Network Inc. [2008] O.J. No. 2995 (“Rejdak”) indicates that an oral employment contract will be found to govern the employment relationship instead of a written agreement that is signed later if there is no fresh consideration given to the employee in the second agreement and if the employee acted on the original agreement to the point of not being able to refuse the terms of the written agreement. read more »

Stewart v. DIGI Canada Inc. – Alberta Court of Queen’s Bench – November 2, 2007

The termination of a fixed-term employment contract by the employer prior to the completion term may result in the payment of the remaining balance as long as the contract was unambiguous and the employee mitigated their damages. read more »

Slepenkova v. Ivanov – Ontario Superior Court of Justice – July 26, 2007

Despite a written agreement which indicates that an individual is an independent contractor, Courts may find them to be an employee or a dependent contractor and therefore entitled to reasonable notice on termination. read more »

Deputat v. Edmonton School District No. 7 – Alberta Court of Appeal – January 14, 2008

An employee’s working notice period is not reduced when an employer makes an employee take vacation time during this period, nor is the employee’s entitlement to either working notice or vacation time denied by the same combination. read more »

Evans v. Teamsters Local Union No. 31 – Supreme Court of Canada – May 1, 2008

An employee’s failure to reasonably mitigate their damages during the post-termination period by refusing comparable temporary reemployment with the terminating employer may result in a loss of damages otherwise awarded. read more »