Ontario courts have found that a contract is only respected if it does reflect the reality of the employment relationship. It is therefore necessary to regularly review employment contracts and consider whether a new contract should be concluded in the event of a substantial change in relations between the parties. Frequent variations of non-competition clauses are „non-invitation clauses“ (attempting to operate the worker for a certain period after the end of the employer`s clients), „non-employment clauses“ (which say the worker is able to request other workers from the employer for a certain period of time) and confidentiality rules (limitation of the use of trade secrets or other confidential information by the worker during and after the employment). Employers may dissolve these clauses in the hope that a court, if it refuses to impose any of the amendments to these clauses, may nevertheless impose a more limited provision in the agreement. The attitude of the courts in different places and jurisdictions towards these agreements also determines whether it will be applicable or not. An example in which an employment contract was maintained unworkable for lack of consideration, see: Kohler Canada Co. Porter, 2002 CanLII 49614 (ON SC). Employment contracts often contain separation clauses. These clauses provide that a clause or provision deemed unenforceable or non-enforceable is dissociated or removed from the rest of the contract — but the enforceable terms remain.
The severability clauses allow the courts to remove the insulting provisions without having to cancel the entire contract. It is possible for a court to invalidate the entirety of a contract in the absence of a deterrence clause. To be legally applicable, a termination clause in an employment contract must contain a language that can clearly dispel the presumption of delay that common law rights apply between the parties in the event of dismissal. When this issue is most common, employers strive to adopt minimum employment standards (for example. B in terms of severance pay) by simply referring to the status. Just think of the situation in which an employment contract defines rights in the event of dismissal as „current labour law.“