Battle of the clauses: what does it take for the Court to uphold a termination clause?
Two recent Ontario Superior Court of Justice decisions shed light on what types of termination clauses will be upheld and which will be deemed unenforceable.
Court of Appeal finds yet another termination clause to be unenforceable
In the recent decision of Andros v Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal (“OCA”) found yet another termination clause to be unenforceable. In this decision, the OCA reaffirmed and clarified various principles surrounding the enforceability of such clauses.
Negotiating Changes to a Written Offer of Employment
This blog explains why you should carefully review a job offer before accepting it.
Workplace Harassment Provisions Coming to the Canada Labour Code
The Canada Labour Code will be introducing workplace harassment and violence provisions in 2020
Changes to the Canada Labour Code happening September 1, 2019
Federally regulated employers should be aware that various changes to the Canada Labour Code are set to be in place as of September 1st, 2019. As this date is quickly approaching, it is vital that employers familiarize themselves with these amendments and begin...Are Executives Entitled to Variable Compensation after being Terminated?
If your organization pays executives for performance and doesn’t want to pay an executive during the applicable notice period because they are not performing, consider having an employment lawyer review your plan first.
(Yet) Another Termination Clause Bites the Dust
An employer should make it clear that the termination clause in an employment contract applies when an employee is promoted.
What Happens when your Employer is Sold?
Are clauses that purport to waive an employee’s years of service for the purposes of severance/notice pay enforceable? It’s all important when your company is sold. Here is what to look for.