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.
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.
An employer should make it clear that the termination clause in an employment contract applies when an employee is promoted.
Recent changes in the law make Ontario’s employment laws more employer friendly – especially for small businesses. This blog discusses five of these changes.