saving clause

Three popular articles this week on HRinfodesk

December 19, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with contracting out of the Ontario ESA, entitlements to public holidays and discrimination against a job applicant.

discrimination in hiring, employment contracts, employment law, Public Holiday Pay, public holidays, saving clause

Wood vs. Oudin: Clarity in termination provisions

March 3, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

In Wood v Fred Deeley Imports Ltd., the Ontario Court of Appeal seemed to make a definitive statement about the interpretation of termination provisions in employment agreements: a court will invalidate them when they contain actual or technical deficiencies. However, the same Court’s decision last year in Oudin v Centre Francophone de Toronto seemed to reach a different conclusion: the court will apply contractual certainty to give effect to the parties’ intentions. Can the two be reconciled? Closer inspection reveals that each decision is specific to the employment agreements in each.

employment agreement, employment law, employment standards act, ESA, Oudin v Centre Francophone de Toronto, saving clause, termination, Termination provisions, Wood v Fred Deeley Imports Ltd.