The Ontario Court of Appeal Has Affirmed Limits on When Saving Provisions Can Remedy Unenforceable Termination Clauses

The Ontario Court of Appeal (“ONCA”) recently affirmed that a saving provision,
Positive Developments Regarding Termination Clause Enforceability

As many employers know, enforceable termination clauses that limit employees’ termination entitlements are essential to minimize the costs involved with ending employment relationships. However, courts strictly scrutinize and frequently refuse to enforce such clauses, often for very technical reasons in relation to violations of the Employment Standards Act, 2000 [ESA]. Without enforceable termination clauses, employees […]