First Reference Talks

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

employment contract

By | 3 Minutes Read

Pandemic lessons: Up-to-date termination and layoff clauses

Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.

By | 6 Minutes Read

Termination provision in commission plan illegal as it purports to deny commission over the statutory notice period

In Kerner v Information Builders (Canada) (2020 ONSC 2975), Pollak J. had a case which involved the termination provisions of a sales plan and whether the employee was entitled to commissions over the notice period in addition to his base salary.

By | 3 Minutes Read

Invalid for cause termination provision voids entire termination clause

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.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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