Employers across Ontario are double-checking their contracts since the Ontario Court of Appeal released its judgment in Waksdale v Swegon North America Inc., earlier this month. The court held that if an Employment Agreement contains a termination-with-cause provision that breaches the Employment Standards Act, 2000 (ESA), the termination-without-cause provision will be rendered unenforceable as well. This is true even if the employer was not relying on the for cause section and had proceeded on a without cause basis. Even a severability clause cannot save a provision in this context.
In the recent case of Sosnowsk v. MacEwen Petroleum Inc., the Ontario Court of Appeal confirmed that there must be exceptional factual circumstances in order to extend the deadline for commencing a wrongful dismissal claim.
The purpose of this post is to address some of the frequently asked questions we have received from employees in the face of the COVID-19 pandemic relating to government support, including Canada Emergency Response Benefit, Employment Insurance, and Canada Emergency Wage Subsidy.