Topic
Termination Clause
95 published works
Rudner Law Blog
Update on Termination Clauses: Ontario Court of Appeal Overturns “Pro-Employer” Decision
By Alex Minkin
The law on termination clauses in employment contracts continues to evolve. In recent years, the movement of this area of law has been towards the side of employees, with many…
Stacey R. Ball Blog
Alberta Court Upholds 4 Week Termination Clause
In Lawton v Syndicated Services Inc., the Alberta Provincial Court upheld a termination clause in an employment contract that limited an employee’s notice period to just four weeks. The Facts…
Global Workplace Insider
Top Four Ways to Tank a Termination Clause: What Employers Don’t Know can Cost Them
By Taryn Mackie
At common law, it is an implied term of every employment contract that, absent just cause to end the employment relationship, an employer must provide an employee with reasonable notice…
Global Workplace Insider
(Just) Cause for Concern? Ontario Divisional Court weighs in on enforceability of “for cause” termination provisions
The Ontario Divisional Court recently dismissed the employer’s appeal in Lamontagne v JL Richards & Associates Limited (Lamontagne)[1], adding an appellate lens to the body of case law addressing the…
Global Workplace Insider
Clauses de licenciement en Ontario : pourquoi l’intention commune des parties pourrait bien sauver la mise
Quand vient le temps d’évaluer le caractère exécutoire d’une clause de licenciement concernant des employés avertis en Ontario, l’intention compte. Dans une récente affaire, Rahman v Cannon Design Architecture[1], la…
Global Workplace Insider
Ontario termination clauses: Why mutual intent may save the day
When it comes to assessing the enforceability of a termination clause for sophisticated employees in Ontario, intent matters. In a recent case, Rahman v Cannon Design Architecture[1], the court found…
Ogletree Deakins Insights
Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement
In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment…
Stacey R. Ball Blog
An Employer’s Failure to Act in “Good Faith” May Invalidate Lawful Termination Clauses
An employee who is terminated without cause from their job is generally entitled to receive either reasonable working notice or pay in lieu of notice. Often, employment agreements will contain…
Law Times News
Court upholds employer’s decision in wrongful dismissal case: Termination clause was enforceable
'Sophisticated' employee sought independent legal advice about terms of employment offer
Stacey R. Ball Blog
The Importance of Language in Employment Contracts: Termination Clauses
Employment contracts are complicated documents. They need to be just right. Any mistake, however small, could potentially be catastrophic. Entering the wrong words, even so much as two, can have…