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Termination Clause

95 published works

  1. 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…

  2. Stacey R. Ball Blog

    Alberta Court Upholds 4 Week Termination Clause

    By Stacey R. Ball

    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…

  3. 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…

  4. Global Workplace Insider

    (Just) Cause for Concern? Ontario Divisional Court weighs in on enforceability of “for cause” termination provisions

    By Samantha Cass

    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…

  5. Global Workplace Insider

    Clauses de licenciement en Ontario : pourquoi l’intention commune des parties pourrait bien sauver la mise

    By Stéphane Erickson

    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…

  6. Global Workplace Insider

    Ontario termination clauses: Why mutual intent may save the day

    By Stéphane Erickson

    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…

  7. Ogletree Deakins Insights

    Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

    By By Michael Comartin

    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…

  8. Stacey R. Ball Blog

    An Employer’s Failure to Act in “Good Faith” May Invalidate Lawful Termination Clauses

    By Stacey R. Ball

    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…

  9. Law Times News

    Court upholds employer’s decision in wrongful dismissal case: Termination clause was enforceable

    By Law Times News

    'Sophisticated' employee sought independent legal advice about terms of employment offer

  10. Stacey R. Ball Blog

    The Importance of Language in Employment Contracts: Termination Clauses

    By Stacey R. Ball

    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…