Drafting Employment Contracts to Avoid Disputes

Drafting Employment Contracts to Avoid Disputes
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CPD Accredited Credits
Professionalism: 0.5
30 minutes
Substantive: 1.0
95 minutes
Presenter(s)
Kate Dearden
Carly Dunster
Adam Pennell
Maureen M. Quinlan
Paul S. Schwartzman
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
95 minutes
Price
$119.00 plus tax
Includes Handouts

Employment contracts represent an attempt to create certainty in an employment relationship. However, they will only create certainty if they are properly drafted. It is, therefore, important for drafting lawyers to understand the legal framework within which the courts operate in the employment law world. This session will provide lawyers with legal, practical, strategic and professional considerations in preparing employment contracts.

The agenda will cover:

  • Why employment contracts are a good idea for organizations
  • How courts interpret employment contracts and what you need to minimize risk and maximize enforceability
  • What clauses employment contracts should contain and how to draft them
  • What types of clauses you may want to consider depending on the specific employee
  • What to do when dealing with unrepresented persons and conflicts of interest

Professionalism Content: 30 minutes

  1. Competence – Rule 2.01 (10 minutes=3.33 minutes/speaker)
    Addressing the issue of knowing when to seek help in specialized areas, which includes employment law – discussion of problems we see with poorly drafted restrictive covenants and termination provisions.
  2. Conflicts – Rule 2.02 (10 minutes=3.33 minutes/speaker)
    Addressing the issue of knowing who your client is – you may be receiving directions from an employee of the company, but your client is the organization.
    Considering the organization’s interests vs the hiring manager/HR person.
  3. Unrepresented Persons – 2.04 (10 minutes=3.33 minutes/speaker)
    Addressing the issue of negotiating employment contracts with unrepresented persons – canvassing the issue of urging ILA, and how to ensure the individual is not under the impression you are acting for them.

Presenters

Kate Dearden

Carly Dunster

Carly Dunster is an associate at Turnpenney Milne LLP, practicing in all areas of labour and employment law, with a focus on workplace investigations. Prior to joining the firm, Carly articled at a prominent labour and employment firm in downtown Toronto, and worked in management and director positions in the non-profit sector. She has significant experience advising organizations on policy development and implementation, as well as facilitating effective training programs for employees and employers.

Carly received her Bachelor of Laws from the University of Windsor in 2006, and prior to that attended Queen’s University, where she received her Bachelor of Arts in History.

Adam Pennell

Adam Pennell is an associate and member of BLG’s Labour and Employment Group in Toronto. He advises employers on all aspects of labour and employment law, including federal and provincial employment standards, policies and contracts, employee discipline, wrongful dismissal claims, health and safety issues, and human rights matters.

He is the author of several articles on labour and employment law issues and has been featured in The Globe and Mail and OHS Canada magazine.

Maureen M. Quinlan

Maureen Quinlan is an employment lawyer in Hicks Morley’s Toronto office. She advises employers on a wide range of labour and employment-related issues, including employment standards, employment contracts, wrongful dismissal, unjust dismissal, human rights, privacy and workplace safety and insurance in both the provincial and federal context.

Maureen appears as counsel in wrongful dismissal and commercial litigation disputes and human rights proceedings.

Paul S. Schwartzman

Paul Schwartzman is a labour and employment lawyer in Hicks Morley’s Toronto office. Paul provides advice and representation to both public and private sector employers on wide range of human resources matters including: employment contracts, grievance arbitrations, interest arbitrations, labour disputes, collective bargaining, wrongful dismissals, constructive dismissals and human rights applications.

Paul is a graduate of the joint Master of Industrial Relations/Juris Doctor program through the Faculty of Law at Queen’s University. Prior to law school, Paul graduated with distinction from McGill University with a Bachelor of Commerce degree where he pursued a concentration in labour-management relations.

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