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Employment Contracts: Navigating End-Of Term Challenges From Day One

Subject: Employment Law CPD 
Author: Geoff Gartly CA, Director, Gartly Advisory

“Prepare for the worst…”
The origins of this phrase aren’t easily identified, aside from it potentially being attributed to Benjamin Disraeli, a former British PM in the 1860s. Nonetheless, it is certainly a phrase worth remembering when drafting employment agreements. This is because there are generally two occasions when the parties will look at the contract in an employment relationship; first, when they sign it, and second, when either party is contemplating or has already begun the process of terminating the employment. 

This is why it is so important to get the drafting right from day one, with particular attention given to the termination related clauses, so as to prepare for the end of the relationship. In preparing for the inevitable end of the relationship, it is first important to understand what objectives should be considered, as this will inform what types of clauses will be required.


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