Forget about one month of notice per year of service for short-service employees. There is trend in employment law of generous notice period awards for short-service employees that were previous reserved for those with longer tenures. The upwards tick in notice periods is most apparent for short-service executives, due to their specialized knowledge, limited availability […]
The Manitoba case Hebert v. Colin’s Mechanical Service Ltd., 2025 MBKB 87 considered the amount of pay in lieu of notice an employee is entitled to, per the termination clause of his employment agreement. In 2021, George Hebert entered into a share purchase agreement with Colin’s Mechanical Service Ltd. for his electrical contracting business. […]
Several recent decisions out of the Ontario courts have sparked controversy surrounding the enforceability of termination clauses that include the wording “sole discretion” and “at any time.” In Dufault v. Ignace (Township), 2024 ONSC 1029 (“Dufault”), the court held that “sole discretion” and “at any time” language in a termination clause breached the Employment […]
The recent decision of Brocklehurst v. Micco Companies Limited, 2025 NSSC 192, from the Nova Scotia Supreme Court, serves as an important reminder for employers to use clear and unambiguous language in termination clauses. Termination clauses are a crucial component of a contract within the employment relationship as it outlines what entitlements the employee […]
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