Offer Letter 140261
Offer Letter 140261
Offer Letter 140261
It is a pleasure to offer you this position of CDS Advisor Sales CAN with Daymon
Worldwide Canada Inc (the "Company"). The Company's strategic vision, Winning
Together, offers our associates the chance to excel, and we want to take this opportunity
to congratulate you on this offer of employment and to express our hope that you will be
able to join us. Please carefully read and consider the terms and conditions set out in this
Agreement (the "Agreement") and execute the acknowledgement no later than 3 days from
today's date.
For clarity, "applicable employment standards legislation" shall mean the following:
Employment Standards Code (Alberta), Employment Standards Act (British Columbia),
Employment Standards Code (Manitoba), Employment Standards Act (New Brunswick), The
Labour Standards Act (Newfoundland), The Labour Standards Code (Nova Scotia),
Employment Standards Act, 2000 (Ontario), Employment Standards Act (Prince Edward
Island), An act respecting labour standards (Quebec), and The Saskatchewan Employment
Act (Saskatchewan).
Position: You will be employed by the Company as a CDS Advisor Sales CAN and will
perform such duties and exercise such powers related to this position as the Company
may assign to you from time to time. You acknowledge and agree that as this is an on-
demand position, your hours of work may fluctuate from week to week and you are not
guaranteed any minimum number of hours of work per week.
Term of Employment: Your employment will commence on May 4, 2024 unless otherwise
agreed to in writing, and will be for an indefinite period, subject to termination in
accordance with this Agreement.
Trial Period: Your employment will be on a trial basis for a period of up to three (3) months
from your start date. During this trial period you may terminate your employment
relationship with the Company at any time without notice. Equally, the Company may,
notwithstanding any other provision of this Agreement, terminate your employment at any
time without cause and without a serious reason by providing you with only your minimum
entitlements under applicable employment standards legislation.
Regular Wage Rate for On-Site Work Time: For "On-Site Time" (time spent performing any
work-related tasks for the Company while at a designated work location such as Company
office, assigned retail location, a client or customer location, other work-related meeting or
event, or any supervisory administrative work (if applicable), the Company will pay you
during the term of this Agreement a wage rate of CAD $17.05/HR. All payments to you
pursuant to this Agreement shall be in Canadian dollars and are less applicable
deductions. Your wages will be payable bi-weekly in arrears by direct deposit.
Vacation: You are eligible for vacation and sick time in accordance with the Company's
vacation and sick time policies. You will accrue vacation and sick time every pay period.
Information on the vacation and sick time policies can be found on the company's internal
website.
Confidential Information: You acknowledge that, by reason of your employment with the
Company, you will have access to confidential information, including but not limited to
trade secrets, customer lists and other confidential information concerning the business
and affairs of the Company and the Company's clients and customers. "Confidential
Information" as defined in the Company's Confidentiality, Property Protection and Non-
Solicitation Agreement (the "Confidentiality Agreement"), and which you may be required
to execute as a condition of employment.
Rules and Policies: You agree to be bound by and observe and abide by all the rules and
policies of the Company in force or from time to time in force (including the Associate
Handbook and the Code of Business Conduct and Ethics), copied of which will be provided
to you as part of the new hire paperwork that is required to be completed prior to
commencing employment, and which you are expected to review on a regular basis.
Please note that it is a condition of your role that you are able to represent our clients to
the best of your ability, which includes not creating any brand confusion by representing
any products for any other company that are similar to any products or merchandise that
you actively represent for the Company. If you have a question about this requirement,
please do not hesitate to contact your direct leader. You further agree that you will engage
in no competitive work while performing work-related tasks for the Company while in a
retail location, a client or customer location, or other work-related meeting or event or
while otherwise performing work for the Company.
Termination by the Company Without Notice: The Company may terminate your
employment pursuant to this Agreement at any time for just cause on the following terms:
(i) if you are guilty of cause under applicable employment standards legislation and its
regulations as may be amended from time to time, without any working notice, pay in lieu
of working notice, statutory severance pay (if applicable), or any other compensation or
entitlements either by way of anticipated earnings or damages of any kind, expect for
(ii) if you are terminated for any reason that constitutes just cause at common law but
does not constitute cause under a paragraph (i) above, by providing you with only: (1) the
minimum amount of working notice or payment of your regular wages at the time of
termination in lieu of working notice (or a combination in the Company's discretion),
prescribed by applicable employment standards plus statutory severance pay, if any,
prescribed by applicable employment standards legislation; and (2) any other benefits,
payments, and entitlements, without duplication, which are prescribed by applicable
employment standards legislation as minimally owed to you.
Termination by You on Notice: You may terminate your employment pursuant to this
Agreement by providing two (2) weeks' advance written notice to the Company. The
Company may waive this notice in whole or in part by providing you with your minimum
entitlements, if any, under applicable employment standards legislation.
Termination by the Company on Notice: The Company may terminate your employment
pursuant to this Agreement upon giving you the minimum amount of notice of termination
or payment in lieu prescribed by applicable employment standards legislation plus
statutory severance pay, if any, prescribed by such applicable employment standards
legislation, and providing you with any other minimum entitlements as required under the
same. For clarity, you shall not be entitled to any other notice or payments of any kind from
the Company, including for reasonable notice at common law, unless required by
applicable employment standards legislation.
Changes to Employment: You agree that the Company may modify the terms of this
Agreement by providing you with the minimum notice required under applicable
employment standards legislation and such change shall not constitute a constructive
dismissal. You further agree that the terms and conditions set out in this Agreement,
including the following sections: "Termination by the Company Without Notice",
"Termination by You on Notice" and "Termination by the Company on Notice", will continue
to govern your employment regardless of the length of your employment or any changes
to your duties, location or compensation, whether such change is material or otherwise.
No Breach of Obligations to Others: You acknowledge and represent to the Company that
you have not brought to the Company nor will you use in the performance of your duties
and functions with the Company any confidential materials or property of any third party,
including any former employer. You further acknowledge and represent that you are not a
party to any agreement with or under any legal obligation to any third party, including any
former employer, which conflicts with any of your obligations to the Company under this
Agreement.
Return of Property: Upon any termination of your employment under this Agreement, or as
otherwise required by the Company in writing to you, you will at once deliver or cause to be
delivered to the Company all books, documents, effects, money, identification, securities,
keys, computers, hand-held devices or other property belonging to the Company or for
Entire Agreement: Except for the Confidentiality Agreement, this Agreement constitutes
the entire agreement between you and the Company with respect to your employment and
cancels and supersedes any prior understandings and Agreements between you and the
Company with respect to your employment. You hereby waive any right to assert a claim
based on any pre-contractual representations, negligent or otherwise, made by the
Company.
Governing Law and Jurisdiction: This Agreement will be governed by and construed in
accordance with the laws of the Province in which you work and the laws of Canada
applicable in such Province. You and the Company each hereby adheres to the jurisdiction
of the courts of such Province.
No Conflict. You agree that nothing in this Agreement is intended to conflict with
applicable employment standards legislation, as may be amended from time to time,
including its successor legislation. In the event of any such conflict between any provision
in this Agreement and applicable employment standards legislation, such applicable
employment standards legislation shall govern.
We are very pleased that you will be part of our team. Do not hesitate to contact me if you
have any questions about the terms and conditions set out in this offer. As indicated
above, we look forward to your acceptance of this offer no later than 3 days from today's
date.
Sincerely Yours,
Acceptance: I hereby confirm that I have had sufficient time to read and understand the
offer of employment, and voluntarily agree to comply with and consent to its terms and
conditions, including the limitations to my entitlements, if any, upon termination of the
Agreement. I further confirm that my electronic acceptance of this offer letter constitutes
a valid and binding electronic document.