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Wednesday, June 25, 2025

Hiring smart in uncertain times: Legal safeguards, flexibility for Canadian employers - Canadian HR Reporter

Probation clauses, fixed-term contracts, independent contractors: two employment lawyers unpack what HR needs to know avoid risks of hiring in volatile economy

In a turbulent economy, even a surge in demand comes with a caveat: what if it doesn’t last? That’s why Canadian employers should embed flexibility directly into their employment agreements, say two employment lawyers speaking with Canadian HR Reporter.

“In this environment, there's lots of employers that would be concerned that things might change,” says Dan Bokenfohr, partner at McLennan Ross in Edmonton, and that could mean a surge in demand, especially with the “Buy Canadian” movement.

“But if they're not confident that that will last… what employers want to do is at the outset of the... employment relationship, when you're extending that offer of employment, put some protections in there, to give the employer greater flexibility.”

In a climate of unpredictability, employers should avoid shortcuts and instead prioritize well-drafted agreements, he says.

"Take the time to be thoughtful about setting out expectations at the front end of the relationship… If employers do that, they'll be in a much better position to react to volatility and what they're seeing around them in their industry and the broader economy.”

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