Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors.
enforceability of termination clauses
The Ontario Court of Appeal weighed in, to some extent, on the hot issue of enforceability of termination clauses in a recent decision. In this case, the clause at issue was written in French. The Applicant argued that the Motion Judge’s interpretation of the clause only referred to “notice” and not “severance” and therefore the termination clause was an unlawful attempt to contract out of the Employment Standards Act because it did not expressly provide for the payment of severance and there are a number of cases suggesting such clauses are void.
Seasons change; employment laws change and the last four seasons saw many changes to Ontario’s employment laws. In fact, 2015 will be known as the year the Kathleen Wynne government started implementing its rather ambitious employment law agenda... changes were made to a number of laws including the Accessibility for Ontarians with Disabilities Act, the Employment Standards Act, and the Occupational Health and Safety Act.