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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

common law notice

By | 2 Minutes Read

Release of previous employer has no effect on termination by subsequent employer

In Manthadi v ASCO Manu (2019 ONSC 5572) Fowler Byrne J. had a situation where a 64 year old welder had over 36 years with Company A. Company A sold its business to the Defendant. Company A paid the plaintiff her 8 weeks under the ESA and she signed a release. The defendant immediately hired her on the closing date. She was terminated a few months later.

By | 11 Minutes Read

Slate not wiped clean by release in context of share sale

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

By | 3 Minutes Read

Employer unsuccessful in voiding unfavourable termination clause

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

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