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common law reasonable notice of termination

By Barry B. Fisher LL.B. | 8 Minutes Read February 27, 2019

OCA upholds ESA related termination clause

In Nemeth v Hatch (2018 ONCA 7), the Court was faced with the following termination clause:

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / common law reasonable notice of termination, employment law, ESA notice, notice period for a terminated employee, termination, Termination clause

By Vey Willetts LLP | 4 Minutes Read November 15, 2017

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Payroll / common law reasonable notice of termination, damages for wrongful dismissal, dismissal without cause, employment law, employment standards act, reasonable notice of termination, Termination clause, wrongful dismissal

By Doug MacLeod, MacLeod Law Firm | 2 Minutes Read October 12, 2016

Ontario judge strikes down yet another termination clause

Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that effect. The purpose of this clause is to take away the employee’s right to common law “reasonable” notice of termination. In 2000 an Ontario Superior Court judge concluded that this kind of language meant that an employer was only required to provide the employee with the minimum notice of termination stipulated in the ESA. Advantage employers.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Payroll / common law reasonable notice of termination, employment contract, employment law, employment standards act, minimum notice under ESA, Notice of termination, Singh v Qualified Metal Fabricators Ltd., Termination clause, termination pay

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