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Posts tagged Termination Clauses.

In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

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Last week, we posted about the usefulness of probationary periods, both for unionized and non-unionized workers.

In each Canadian jurisdiction, there are rules under employment standards legislation regarding the period of employment during which a non-unionized employee can be dismissed without cause and without notice or pay in lieu of notice. If the probationary ...

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In the recent Ontario decision Cook v. Hatch, 2017 ONSC 47, Lederer J. wrote that "if the parties to a contract seek to limit the notice requirements in the event of a termination but understand that they are bound by the minimum requirements of the applicable legislation, such a provision is not difficult to draft."

Nevertheless, drafting effective termination clauses that ...

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In a recent decision, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, the Ontario Court of Appeal reversed a 2016 judgment of the Ontario Superior Court of Justice that had found a termination clause in an employee’s employment agreement enforceable. The consequence for the employer was that, instead of 13 weeks’ working notice and a lump sum equivalent to eight ...

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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

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