termination clause

Termination clause update: New developments concerning benefit continuation and just cause language

Termination clause update: New developments concerning benefit continuation and just cause language

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Vey Willetts LLP was recently successful in defeating a summary judgment brought by IBM Canada Limited. This decision, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.