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Last week, I wrote about the dramatic reduction in wrongful dismissal cases that I see coming in 2022. With employers desperate to retain employees, there will be few terminations and, with the marketplace so buoyant, those employees who are laid off will have little difficulty obtaining new employment. They simply will not have damages to sue for.
For those who do manage to remain unemployed, as I discussed last week, employers will have little difficulty proving that those employees could have found other jobs and easily destroy their cases by intelligent work on the defence side.
As the last hammer on the wrongful dismissal nail, most employers have learned their lessons from two years of court decisions invalidating virtually every employment contract in this country and have engaged employment counsel to draft contracts that will now be effective. My firm has spent much of our last year drafting those for our employer-side clients.
Smart employers require employees to sign their new contracts at the time of annual raises or bonuses since a contract is legally invalid if an employee receives nothing in return for signing it. I might note that an employee has the right to refuse to sign the new contract and, if they do not sign, they simply will not receive that raise or bonus.
It is not only employment law that will be dramatically diminished in the coming year. Labour law will as well. The pandemic has demonstrated to unionized workers that unions are...
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