Contract:

Mary Miller has been working for herself doing renovations, mainly by word of mouth, for the last five years, but business is getting competitive, and she does not have the means to continue on her own. Opportunities are scarce and Martin Renovations is seeking help. When the owner, Martin, presented her with the employment contract, he urged her to sign it the next day as he needed her to start right away on some large projects. Martin also mentioned that, due to the importance of some of these large projects, they have a strict late policy, which he will send to Mary following the contract signing. CONTRACT THIS AGREEMENT made this 22nd day of November 2023. BETWEEN Martin Renovations Inc. (hereinafter referred to as the Employer) OF THE FIRST PART; - and - Mary Miller (hereinafter referred to as the Employee) OF THE SECOND PART; WHEREAS; The Employer agrees to employ Mary Miller as Employee and Mary Miller hereby accepts employment with the Employer. NOW THEREFORE IN CONSIDERATION of the mutual covenants contained below and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree that the employment of the Employee by the Employer shall be in accordance with the following terms and conditions: 1. JOB The Employee shall provide services to the Employer as described in the job description, attached to this Agreement as Schedule A. The Employer may amend the job description from time to time, without notice, based on the type of renovation project. 2. TERM 2.1 This Agreement shall be deemed to have commenced on the 15th day of November, 2022, shall supersede any earlier agreements, and shall continue until terminated. 3. REMUNERATION 3.1 The Employer shall remunerate the Employee for his/her services under this Agreement at the starting wage of $25.00 per hour plus statutory benefits. 3.2 Outside of regular hours of service, Special Arrangements may be negotiated under this Agreement between the Employer and the Employee. 3.3 The Employer may review and re-calculate the Employee's wage at the beginning of each calendar year, taking into consideration, among other factors, funding available to the Employer to employ the Employee, cost of living, length of service, and performance 3.4 Wages due to the Employee shall be paid on every second Friday for hours worked up to and including the previous Sunday. 3.5 Deductions and Contributions: a. The Employer shall withhold from each payment the statutory deductions for Employment Insurance and Canada Pension Plan premiums, and Federal and Provincial income tax. b. The Employer shall make the required Employer contributions to EI and CPP premiums on behalf of the Employee and shall remit these together with the Employee deductions to the Receiver General for Canada, as required. c. The Employer shall make all contributions and deductions to the appropriate authorities as required by law.** 4. PROBATION AND PERFORMANCE EVALUATIONS 4.1 Permanent employment shall be subject to successful completion of a probationary period of three (3) months from date of hire. The first performance evaluation shall begin at the end of the second month of employment, so as to be complete at the end of the probationary period. 4.2 Subsequent performance evaluations shall take place annually. 4.3 If a performance evaluation reveals that an employee's work requires improvement, there shall be a further performance evaluation done within three (3) months of the initial evaluation to assess whether improvement is satisfactory. If this or any other performance evaluation reveals insufficient improvement in the employee's work since the last evaluation, continued employment shall be at the discretion of the Employer. 5. PERFORMANCE AND SUPERVISION 5.1 The Employee shall follow the direction of the Employer, learn their routine and exercise reasonable care, skill, and diligence in performing the services set out herein. 5.2 The Employee shall perform the duties required by the Employer and shall act in accordance with all reasonable, lawful direction given by the Employer. 5.3 The Employee shall be provided with all necessary information regarding the policies and procedures of the Employer and operations required in the performance of the services set out herein. 6. CONFIDENTIALITY 6.1 The Employee shall keep confidential any information obtained about the Employer, the Employer's family, or the Employer's routine activities of living in the course of their employment, except where that information is required for the functioning of the Employer, in which case, the Employee shall give the information only to the party which requires the information. 6.2 Upon direction by the Employer, the Employee shall keep confidential any other matters concerning the Employer. 6.3 The Employee shall not work for another renovations company within the same city for a period of one (1) year after this contract is terminated by either party. 7. TERMINATION 7.1 During the probationary period, the Employee may be discharged without notice. 7.2 The Employer may terminate the services of the Employee under this Agreement as follows: a. for cause, including, without limiting the generality of the foregoing, if the Employee is guilty of wilful misconduct or wilful neglect of duty, without notice or pay in lieu of notice; b. because the Employer no longer wishes to maintain a position with substantially similar duties, or substantially alters the job description so that the Employee is not competent to perform the position as newly defined; c. without cause. 7.3 If the discharge is for either of the reasons given in subparagraphs 0b or 0b, above, the Employer shall provide the Employee with notice in accordance with the requirements of the Employment Standards Act, 2000, as amended or replaced from time to time. Notwithstanding the foregoing, the Employer may, at its sole option, pay to the Employee an amount of the Employee's wages then in effect that is equal to the notice to which the Employee is entitled under the terms of this paragraph, in lieu of such notice. The amount of compensation paid shall be reduced by the amount of notice given. The parties agree that this shall constitute the sole notice or payment in lieu of notice to which the Employee is entitled if the Employee's employment with the Employer is terminated pursuant to subparagraphs 0b or 0b, above. 7.4 The Employee may terminate this Agreement upon no less than 7 days' written notice to the Employer. 8. HOURS OF WORK 8.1 The Employer, in consultation with the Employee, shall from time to time establish a schedule of hours to be worked by the Employee. 8.2 Time records shall be signed and kept by the Employee in a form determined by the Employer. 9. HOLIDAYS 9.1 The Employee acknowledges they may be required to work their regular shift if it falls on any of the following public holidays: - New Year's Day - Family Day - Good Friday - Victoria Day - Canada Day - Labour Day - National Day for Truth and Reconciliation - Thanksgiving Day - Remembrance Day - Christmas Day - Boxing Day The Employee agrees to this requirement as a condition of employment. ___________ Initial 9.2 In the event that the Employee is required to work on any one or more of the public holidays listed above, then, if the Employee qualifies in accordance with the requirements of the Employment Standards Act, 2000, the Employee shall be paid public holiday pay (as defined in the Employment Standards Act, 2000) and premium pay calculated at the rate of 1.5 times of the Employee's regular rate of pay for each hour worked on the public holiday. 10. VACATION 10.1 Subject to paragraph 0, the Employee is entitled to two weeks' vacation time for each 12 months of employment. The running of the 12-month vacation entitlement period shall begin on the date that the Employee commences employment with the Employer, and thereafter on the annual anniversary date of the commencement of the Employee's employment. 10.2 Upon the termination of the Employee's employment with the Employer, the Employee shall be entitled to payment on account of accrued but unpaid vacation pay of an amount that is calculated at the rate of 4% of the Employee's regular rate of pay then in effect. 10.3 The Employee is also entitled to vacation pay, which shall be calculated at the rate of 4% of the gross wages earned by the Employee during the period of time for which vacation time is accrued. The Employer shall pay to the Employee, and the Employee agrees to accept payment of, his/her vacation pay on each pay cheque in respect of the wages earned for that pay period. _______ (initial). 10.4 During the three (3) month probationary period, the Employee will only be eligible for vacation benefits of four per cent (4%). The Employee's vacation schedule shall be arranged by agreement between the Employee and the Employer to conform to the work requirements of the Employer. Approval for vacation time shall not be unreasonably withheld. 10.5 No vacation benefits shall accrue to the Employee during an unpaid leave of absence. 11. SICK LEAVE 11.1 An Employee absent due to sickness or disability shall notify the Employer, or in his/her absence, a member of Employer's family or staff, of his/her inability to report to work and shall, at the time of notification, endeavour to find a replacement for him/herself, and shall indicate the probable duration of the absence. There is no benefit of payment for sick time. 11.2 Notification of absence must be made by the Employee with due consideration to the vulnerable and dependent situation of the Employer with regard to physical assistance from the Employee unless the nature of the sickness or disability makes this impossible and this can be corroborated to the satisfaction of the Employer. 11.3 The Employer shall have the right to require medical evidence, satisfactory to the Employer, for the purpose of verification of absence due to sickness or disability or for the purpose of determining fitness or unfitness for work. 12. PERSONNEL RECORDS 12.1 A personnel file for the Employee shall be kept in the office of the Employer. The file shall contain the following: a. copies of all letters of agreement and contracts between the Employer and the Employee and the attached schedules; b. time sheets and time records; c. payroll information; d. termination and other notices; and e. any other information respecting employment and performance. 13. AMENDMENT 13.1 The terms and conditions of this Agreement may be amended at any time only by the mutual written agreement of the parties hereto. 14. ENTIRE AGREEMENT This Agreement shall comprise the entire agreement and understanding between the Employer and the Employee with respect to the subject matter in this Agreement and supersedes any prior agreement, representation or understanding with respect thereto. 15. SEVERABILITY Each covenant and provision contained in this Agreement shall be severable, separate and distinct and the unenforceability in whole or in part of any covenant or provision of this Agreement shall be deemed not affect or impair the validity or enforceability of any other covenant or provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. The Employee acknowledges that they have read and understands the foregoing and that the Employer has advised them that the foregoing substantially alters, removes, supplants and supersedes their common law rights. The Employee acknowledges that they are forfeiting their right to seek independent legal advice in order to expedite the start date of this position.

critically interpret/critique the contract, and note the issues you find. There will be 4 key concerns to identify in your mock contract. Be as specific as possible, making reference to particular clause(s) of the mock contract; Potential errors/issues may include some of the following: Ambiguous terms Restrictive covenants Mutual consideration Termination Why is this an issue, or what is problematic about the terms and expectations for the employer and/or employee, i.e.: How is it inconsistent with the relevant statutes/regulation/case law?

What are the consequences of the issue?