Ontario Superior Court applies Waksdale Decision to Invalidate Termination Provision In Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406, the plaintiff brought a motion for summary judgment to determine the notice payable because of his termination. The plaintiff had signed an employment contract which included the following termination clause: b) Termination by the Company…

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Signing a Release

In a recent decision, the Ontario Court of Appeal has found that where an employment agreement has a “for cause” termination provision which violates the ESA and a “without cause provision” which complies with the ESA, both provisions will be struck down as unenforceable.  This is the case even if the employee is being terminated “without cause” and even in the face of a severability clause. 

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For a limited time, we are offering FREE twenty-minute zoom consultations for employees seeking employment law advice… As businesses throughout the province of Ontario gradually begin to reopen, many employees have questions about what the employment relationship will look like in the era of COVID-19. For a limited time, we are offering FREE twenty-minute zoom…

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Return to Work in the “New Normal” – Employment Rights and Responsibilities As businesses throughout the province of Ontario gradually begin to reopen, many employers and employees have questions about what the employment relationship will look like in the era of COVID-19. The government of Ontario has recently published industry-specific guidelines to assist employers with…

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Liability to the Public in the Era of COVID-19 As the province of Ontario begins reopening, businesses will need to take steps to ensure the safety of the public and their employees given COVID-19. The government of Ontario has recently published industry-specific guidelines to assist employers with keeping workers and the public safe. These can…

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Government of Ontario Extends Temporary Layoffs With many businesses closed since a state of emergency was declared on March 17, 2020, the Ontario government has now announced new measures to extend the temporary layoff period. Previously, Ontario’s Employment Standards Act, 2000 (the “ESA”) provided that temporary layoffs could not exceed thirteen weeks in any period…

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Private Arbitration – A Solution to Courthouse Gridlock? The recent outbreak of COVID-19 is forcing the Ontario court system to evolve in order to maintain access to justice. Unfortunately, the Ontario courts remain significantly backlogged and while some hearings have resumed, most trials are still being adjourned and many civil matters will likely take even…

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employment law

The recent global pandemic has left both employers and employees in a state of confusion when it comes to employment law. Fortunately, there are employment lawyers available who can help to ease some of the confusion. An employment lawyer Ottawa business owners can rely on for the right answers is available to help you navigate…

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