Superior Court of Ontario strikes down Canada Labour Code Termination Clause

Ontario employers are well aware of the issues relating to poorly written termination clauses. Specifically, in Ontario employers who have termination clauses which are contrary to the Employment Standards Act, 2000, will be liable for common law notice if the employee is terminated without cause. There is little case law with respect to termination clauses […]

Ontario Court of Appeal Changes the law on Termination Clauses Again!

As an employment lawyer for employers, whenever a client asks whether they should have a contract in place for their employees, my answer is always “yes, absolutely!”.  While employment contracts are good for the parties to understand their rights and obligations in the relationship, they also contain important clauses which protect parties’ interests. One of […]

What are the Termination Requirements for Construction Workers in Ontario Again?

As it currently stands, non-unionized construction workers are not entitled to notice of termination, termination pay, or severance pay pursuant to the O.Reg.288/01 of the Employment Standards Act, 2000. A construction employee is defined as follows by the ESA: “construction employee” means, (a) an employee employed at the site in any of the activities described […]