Reasonable Notice Of Resignation | MacLeod Law Firm

Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I 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 employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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Doug’s Top 5 Employment Law Stories of 2019

Doug MacLeod — Tue, 10 Dec 2019 13:51:02 +0000

We have started the last month of 2019 and it is time for my annual top Employment Law stories of the year. 2019 has been a relatively good news year for Ontario employers. On January 1, 2019, the new Conservative provincial government started the year by delaying (likely indefinitely) the implementation of the Pay Transparency Act and by repealing a $1 per hour increase in the minimum wage…

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Battle of the clauses: what does it take for the Court to uphold a termination clause?

MacLeod Law Firm — Wed, 23 Oct 2019 13:20:20 +0000

Two recent Ontario Superior Court of Justice (“the Court”) decisions shed light on what types of termination clauses will be upheld and which will be deemed void and therefore unenforceable. This blog discusses both these decisions. 🅇 Unenforceable termination clause – Groves v UTS Consultants Inc., 2019 ONSC 5605 In Groves v UTS Consultants Inc., the Plaintiff, Wayne Groves (“Mr.

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Court of Appeal finds yet another termination clause to be unenforceable

Doug MacLeod — Tue, 17 Sep 2019 15:01:27 +0000

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. Facts The employee, Demetri Andros, was terminated by a large commercial real estate company Colliers Macaulay…

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Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

Doug MacLeod — Thu, 15 Aug 2019 15:16:18 +0000

Earlier this year, a trial judge concluded that a 62 year Senior Vice President who was terminated after 37 years service was entitled to 30 months notice of termination. In fact, the judge stated he would have awarded a 36 month notice period if asked. This case sent shock waves through the employment law community. Lucky for employers this case was appealed. The Ontario Court of Appeal…

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Short Service, Long Notice

MacLeod Law Firm — Wed, 17 Apr 2019 20:11:53 +0000

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. As we have written before, we have seen a trend of longer notice periods being awarded to employees in wrongful dismissal actions. (Reminder: a wrongful dismissal occurs when an employee is terminated without just cause and the employer…

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30 months and counting

MacLeod Law Firm — Mon, 11 Feb 2019 21:43:15 +0000

As we have written before, a wrongful dismissal occurs when an employee is terminated without just cause and the employer does not provide adequate notice of termination. An employee can claim damages equal to the remuneration the employee would have earned during the applicable notice period. For a long time, 24 months was recognised as the informal ceiling for notice periods. However…

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Judge Awards Employee 30 Months’ Termination Pay

MacLeod Law Firm — Tue, 05 Feb 2019 19:25:13 +0000

If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay. This result happened in a recent case. The Facts Mr. Dawe was terminated without just cause after 37 years service when he was 62 years old. As is normally the case, his employer, Equitable Life Insurance, provided him with no notice of termination.

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Another Termination Clause Doesn’t Withstand Scrutiny

MacLeod Law Firm — Mon, 28 Jan 2019 16:09:53 +0000

Another week, another termination clause found to be unenforceable. As we have written before, termination clauses can have a significant effect on how much you receive in terms of notice or pay-in-lieu-of notice upon termination. This is because there is a presumption at law that an employee is entitled to common law notice upon termination without cause. However, an employer can enter into an…

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