2019 has been a relatively good news year for Ontario employers. This blog discusses the top 5 employment law stories of the year.
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.
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.
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.
Although 24 months was recognised as the informal ceiling for notice periods, in recent years judges have been willing to award longer notice periods.