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common law notice

By Barry B. Fisher LL.B. | 2 Minutes Read January 27, 2020

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.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / common law notice, continuous employment, employment agreement, employment law, termination

By Sean Bawden | 11 Minutes Read January 3, 2019

Slate not wiped clean by release in context of share sale

disciplineCan 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?

Article by Sean Bawden / Employee Relations, Employment Standards, Payroll / common law notice, employment agreement, employment law, fixed-term contract, fixed-term employment contract, pay in lieu of notice of termination, Severance pay, share sale, termination, wrongful dismissal claim

By Vey Willetts LLP | 3 Minutes Read May 12, 2017

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.

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Payroll / common law notice, employment law, employment standards act, ESA, Roberts v. Zoomermedia Limited, termination, Termination clause, termination provision, Wood v Fred Deeley Imports Ltd.

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