Why You Should Get Your Severance Package Reviewed
Before accepting a severance package, it’s important to get it reviewed by an employment lawyer to ensure you’re not giving up any of your entitlements.
Court Refuses to Enforce Contractual Language Limiting Termination Pay
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...Judge Refuses to Enforce an Amended Employment Contract
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...Another Unenforceable Termination Clause Helps Employee Get More Termination Pay
Another Unenforceable Termination Clause Helps Employee Get More Termination Pay Very recently, the Ontario Court of Appeal released another decision about employment contract termination clauses that significantly helps employees. If you are interested in previous...5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more
This blog discusses five things you should know to be treated fairly and with respect and dignity in the workplace.
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.
What’s in a name? That which we call a release
When an employee is terminated and offered a severance package, they are almost always asked to sign a release agreement in exchange.