A beginner’s guide to without cause terminations
If an employer terminates an employee without cause, it means they don’t have to provide a reason, but they do have to provide “notice”.
Notice of termination
Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal
Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.
Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements
In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.
