Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Recent decision of the Ontario Court of Appeal invites employers to conduct a holistic ‎review of the ‎termination provisions in their employment agreements

By DLA Piper (Canada) LLP on July 16, 2020
Email this postTweet this postLike this postShare this post on LinkedIn
agreement

In Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal held that a seemingly enforceable ‎‎“Termination Without Cause” provision in an employment agreement was unenforceable because the ‎employer conceded that a separate “Termination for Cause” provision in the same employment ‎agreement breached the Ontario Employment Standards Act, 2000.‎

The Ontario Court of Appeal held that the “Termination Without Cause” provision and the “Termination for ‎Cause” provision had to be interpreted together and holistically, notwithstanding that: ‎

  1. ‎the termination provisions were separate and applied to different situations;‎
  2. the termination was “without cause” on terms otherwise compliant with the Ontario ‎Employment Standards Act, 2000; and
  3. the employer never relied on the “Termination for Cause” provision which the employer ‎conceded breached the Ontario Employment Standards Act, 2000.‎

The facts of the decision were unique given that the Ontario Court of Appeal was not asked to consider the ‎enforceability of the “Termination for Cause” provision.  Employers are nevertheless encouraged to review the termination provisions in their employment agreements to ensure that such termination provisions do not breach the Ontario Employment Standards Act, 2000 either individually or holistically.‎

 

This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice.  Please see our disclaimer for more details.

  • Posted in:
    Employment & Labor
  • Blog:
    Canada in Focus
  • Organization:
    DLA Piper

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo