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termination for cause

By Barry B. Fisher LL.B. | 3 Minutes Read October 18, 2021

If the employer alleges just cause but fails to prove it, can they then rely on the not for cause clause?

In Humphrey v Mene (2021 ONSC 2539), the Employer first alleged just cause but withdrew the allegation before trial. The court found that the Employer had so mistreated the Plaintiff that their behaviour disentitled the Defendant from relying upon the Without Cause Termination Clause.

Article by Barry B. Fisher LL.B. / Payroll / employment law, just cause, termination, termination for cause, without cause Leave a Comment

By Sultan Lawyers | 3 Minutes Read May 28, 2021

When is a job considered abandoned?

Man signing papersWith Ontario expected to lift the state-of-emergency shortly and the resumption of non-essential business operations, employers may begin to consider recalling employees who have been temporarily laid-off or placed on a deemed job-protected leave.

Article by Sultan Lawyers / Employment Standards, Human Rights, Payroll / Absenteeism, human rights, Job abandonment, misconduct, resignation, temporary layoff, termination, termination for cause Leave a Comment

By Doug MacLeod, MacLeod Law Firm | 2 Minutes Read October 13, 2020

Ontario judge delivers devastating blow to employers — Termination clause

Earlier this year, the Ontario Court of Appeal in Waksdale v Swegon North America Inc. struck down a termination clause. This was not groundbreaking as this court has struck down a number of termination clauses in recent years.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards / employment contract, ESA termination clause, Ontario Court of Appeal, Sewell v Provincial Fruit Co Limited, Supreme Court of Canada, termination, Termination clause, termination for cause, Termination provisions, Waksdale v Swegon North America Inc

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