Another One Bites the Dust: Termination Clause Enforceability
The Ontario Court of Appeal (“ONCA”) recently provided further guidance on the enforceability of termination clauses and wrongfully dismissed employees’ entitlement to damages for the lost opportunity to earn a bonus during the reasonable notice period in Andros v Colliers Macaulay Nicolls Inc. [Andros].
Carefully Drafted Language to Limit Incentive Compensation on Termination
Without an enforceable employment agreement, upon a without-cause dismissal an employee is entitled to be provided with pay in lieu of reasonable notice
Ontario Superior Court Weighs in on Termination Clauses
Since 2017, Ontario courts have had a great deal to say about the enforceability of termination clauses in employment agreements. However, the majority of these cases, have focused on what constitutes a valid “without cause” termination clause and have not considered what makes a “for cause” termination clause enforceable. In Khashaba v Procom Consultants Group […]
Employers: Be Careful when Contracting Work from Temporary Help Agencies
Earlier this year, Ontario’s Ministry of Labour (the “Ministry”) conducted an enforcement blitz of temporary help agencies (“Agencies”). When conducting enforcement blitzes, the Ministry inspects employers’ (or, in this case, Agencies’) records to ensure compliance with the Employment Standards Act, 2000 (the “ESA”). During this year’s enforcement blitz of Agencies, the Ministry conducted inspections of […]