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Monday, September 28, 2026

What Employers Should Know When Drafting Employment Contracts - MLT Aikins

A carefully drafted employment agreement is critical in protecting an employer’s interests. When employment disputes arise, they often hinge on the language and content of the employment agreement.

If the agreement is unclear and ambiguous, it will generally be interpreted in favour of the employee due to the vulnerability of the individual employee and the imbalance of power in the employment relationship. Although the specifics of an employment agreement will vary depending on the position, there are many standard provisions that should be included. Some of the key provisions an employer should consider incorporating include probationary periods, termination clauses and restrictive covenants.

Probationary Periods

A probationary period is like a trial period. It allows an employer to determine the suitability of an employee for the workplace. A probationary period provision will outline a period of time in which the employee may be dismissed based on their “unsuitability” with the organization. This provision helps to protect an employer from claims for wrongful dismissal.

Termination Clauses

An employment agreement should set out terms for dismissal, including notice provisions. This includes outlining how much notice or pay in lieu of notice an employer must give an employee for termination without cause. An employer cannot contract out of the statutory minimum for notice under The Saskatchewan Employment Act. Any attempt to contract out of these standards may render...



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