The Termination Clause Landscape Shifts Again Post-Dufault
The Ontario Superior Court of Justice (the “Court”) has issued a decision that will significantly impact the enforceability of termination clauses. Employers are advised to review their existing employment agreements in light of this ruling. The Court’s decision in Dufault v The Corporation of the Township of Ignace [Dufault], dated February 16, 2024, has the […]
This is the fifth bulletin in a weekly series that provides a recap of important COVID-19 developments and their impact on employers as they navigate these challenging times. This recap covers the week of April 20, 2020 and is current as of April 27, 2020.
Employees Receiving Pay in Lieu of Notice Not Necessarily Entitled to Bonus Payout
As many employers know, if one’s employment is terminated without cause and the employee is provided pay in lieu of reasonable notice, the employee is nonetheless entitled to his or her entire compensation package during the reasonable notice period. This includes salary, benefits, bonus and any other aspects of the compensation package. However, a new […]
When Enough Is Enough: Frustration and Accommodation Under the Ontario Human Rights Code
It is often a challenge for employers to determine the point at which employment has been frustrated by disability and has come to an end. Dismissing an employee on the basis of frustration has its risks as an employer may be exposed not only to common law damages, but also human rights claims. A recent […]