Another One Bites the Dust: Understanding the Law of Termination Clauses in Ontario
2024 got off to a bang in the world of employment law. In a recent trial level decision, an Ontario judge has found yet another termination clause illegal and unenforceable. In so doing, the court accepted an entirely novel argument for why termination provisions may be read as impermissibly contracting out of the mandatory requirements of the Employment Standards Act, 2000 (the “ESA”).
When are virtual termination meetings appropriate?
CERB Payments are not Deductible from Wrongful Dismissal Damages
When are employers at risk of aggravated damages awards?
Understanding the Changed Substratum Doctrine - Is Your Old Employment Contract Still Enforceable?
Our firm is often retained by employees and employers to provide advice on dismissal entitlements. One of the first places we look in this regard is to the parties’ written employment contract (if one exists). Employers have an incentive to implement written contracts as a means of limiting future dismissal costs. For similar reasons, contracts often come under heavy scrutiny by employees (and their lawyers) whenever a job termination takes place.