The COVID-19 pandemic has had a devastating impact on our economy over the past year. Many of us have experienced firsthand the struggles of small businesses and hard-hit industries such as the food services sector and tourism. The strains on businesses are unavoidably accompanied by employee layoffs and terminations. Near the beginning of the pandemic, one question on many employment lawyers’ minds was, what impact will the COVID-19 pandemic have on calculating an employee's severance pay?
In Sewell v Provincial Fruit (2020 ONSC 4406) Mandhane J. had to determine if the following clause invalidated the termination provision of an employment contract:
This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.