Judge Refuses to Enforce an Amended Employment ContractI have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the...
Doug’s Top 5 Employment Law Stories of 2019
2019 has been a relatively good news year for Ontario employers. This blog discusses the top 5 employment law stories of the year.
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.
Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist
Unless there are exceptional circumstances, Ontario judges will not generally award more than 24 months notice period.
Short Service, Long Notice
Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination.
30 months and counting
Although 24 months was recognised as the informal ceiling for notice periods, in recent years judges have been willing to award longer notice periods.