Ontario Court Rules that COVID-19 Related Temporary Layoffs Do Not Constitute Constructive Dismissal
In the very recent decision of Taylor v Hanley Hospitality Inc. [Taylor], the Ontario Superior Court of Justice (the “Court”) provided a very helpful ruling for Ontario employers who implemented temporary layoffs during the pandemic and may be facing claims of constructive dismissal.
Saving Provisions Are Not a Silver Bullet for Ensuring Termination Clause Enforceability
The Ontario Superior Court of Justice (“ONSC”) recently released a new decision on the use of “saving provisions” in employment agreements that may have serious implications for the enforceability of termination clauses.