EmploymentContractDrafting

You are an employee of DeVry Inc. which is a start-up that is focused on providing a 'one stop'online financial investing platform for the 20-30 somethings age cohort. Part of DeVry's strategyis to thoroughly utilize/exploit customer data to both better market the business to futureclients, increase efficiency in their operations, and create additional third-party marketingrevenue streams. DeVry has grown to the point where it is now necessary to hire a Director ofData Management if the business wants to continue to maximize the benefits it draws from theclient information that is available to it (while also being compliant with all applicable legalobligations).

The Vice-President of Operations, Cedric Okumodu, went through the hiring process and hasidentified a potential candidate, Avrielle Tang. He advertised the position and interviewedvarious candidates, but also personally reached out to Avrielle, after acquiring her namethrough his own industry contacts. She currently resides and works in Edmonton so this is a bigmove for her, and Cedric aggressively recruited her once he identified her as the bestcandidate. Cedric has negotiated what he thinks are the key terms with Avrielle but has alsomade clear by email to Avrielle that signing an employment contract is a necessary last step totherebeing alegallyenforceable employment relationship.Thatis where you comein.

Being a smaller organization that has been very entrepreneurial and proactive, doing anythingand everything itself (where possible) to try and save money, drafting an employmentagreement is no exception. Cedric's aware you took a course in business law and he has askedyou to draft up an appropriate agreement. Although you indicated to him you aren't a lawyerhe indicated that he'd drafted other agreements/contracts used by the business and there is noreasonfor you not to be able to do so.

He has told you to not worry about the draft contract being 'one sided' in favour of DeVry- infact- he wants that. DeVry has various employee related policies, including a discipline policy,all of which are intended to apply to Avrielle's employment as well. Cedric's attitude is that it isup to Avrielle to raise any concerns she has when the draft is presented to her. He has alsoprovidedthe following relevant detailsfor the agreementto you.

Position:DirectorofDataManagement

General Role Responsibility:Manage all aspects of data collected and/or generated by theDeVry including what information should be collect, how to collect it, and leveraging thecollected information for business advantage, while meeting all legal requirements and anyapplicablecorporatecompliancepolicies.

AnnualSalary:$130,000Cdn reviewedannually

Bonus:Consideration for a bonus of up to 10% of annual salary each year that is entirely atdiscretion of employer to award (or not award). It is to be paid in the same calendar year it isawarded.

Benefits:Entitled to be part of Devry benefits plan that is in force during the course ofemploymentand the benefits plan issubjectto revision at any timebyDevry

Location:DeVry's corporate offices at 204 University Avenue East, Waterloo, Ontario, duringnormalworking hours (9-5)unless others agreedto by DeVryor required bylaw

Report:ReportstoVicePresidentofOperations

ContractTerm: IndefinitewithastartdateofDecember1,2020

You are expected to submit a draft to him by no later than 11:59 pm October 9th. You askedabout any particular format and he has indicated that while he is not 'fussy' about the format itshould at least look like a contract that an employee might sign. He has also indicated it shouldbe no more than three pages maximum and he should be able to read it without needing amagnifying glass (i.e., use a standard size font and text type- like the one he used here to giveyouthe instructions).

Required

Assignment 1 requires you to draft a basic contract from information about a simple business transaction that will be provided to you. You will be expected to draft a simple contract, of no more than three pages, that captures the commercial terms of the transaction as well as effectively manages the basic risk.

You are expected to consider additional clauses outside of the obvious ones from the assignment fact pattern. The types of clauses you are to include are really up to you as you use your discretion to determine what sort of things may be valuable in this sort of agreement. If you just put the obvious terms from the assignment (i.e., pay, time and place of payment) you will not receive full marks on the assignment.

Include minimum terms in the assignment but you are expected to also include additional terms that you feel are relevant to the agreement (i.e., a termination clause). Future add non-competition clauses and other changes in Ontario law that will be relevant to your drafting. So, feel free, and in fact be encouraged, to include additional clauses you think are relevant. You definitely want to include the terms laid out in the fact patters but you also want to consider additional ones.