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 […]
Just Cause Is a High Threshold – But Certain Conduct Will Clearly Amount to Cause for Dismissal
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]A recent decision of the Ontario Court of Appeal, Dunsmuir v Royal Group Inc. [Dunsmuir], provides an example of the level of employee misconduct
Ontario Superior Court Weighs in on Termination Clauses
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]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 […]