termination provision

“Failsafe” language fails to save termination provision

December 16, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater of” act as a failsafe if the rest of the provision is contrary to the provisions of the ESA?

contractual termination provisions, employment law, greater benefit, statutory entitlements, Termination clause, termination of employment, termination provision, working notice

Lack of clear warning voids termination provision

July 5, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

common law rights on termination, common law termination notice, employee entitlements upon termination without cause, employment agreements, employment law, termination, termination provision

Employer unsuccessful in voiding unfavourable termination clause

May 12, 2017 Vey Willetts LLP 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

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

common law notice, employment law, employment standards act, ESA, Roberts v. Zoomermedia Limited, termination, Termination clause, termination provision, Wood v Fred Deeley Imports Ltd.

Employment standards: Risks of paying employees “under the table”

October 28, 2016 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

Before hiring your first employee, an employer needs to educate itself on the various requirements under the Employment Standards Act, 2000 (and other legislation such as the Workplace Safety and Insurance Act (the “WSIA”) and Occupational Health and Safety Act) and the nuances associated with termination of an employee’s employment. Although there will be some upfront costs associated with record keeping, registering for insurance pursuant to the WSIA and learning about employment legislation, the benefits of such proactivity will pay off in the future when issues inevitably arise, even if you only have one or two employees.

employer withholding obligations, employment agreement, employment law, employment standards act, holiday pay, hours of work, minimum wage, Occupational Health and Safety Act, Occupiers’ Liability Act, overtime pay, paying worker “under the table”, reasonable notice of termination, rest periods, statutory benefit deductions, termination provision, unpaid wages, Workplace Safety and Insurance Act, WSIA insurance fund

Three popular articles this week on HRinfodesk

August 11, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations

The three popular articles this week on HRinfodesk deal with: employment agreements that are signed after employees start work; how employers can prepare for the CPP expansion; Ontario Ministry of Labour’s interim report on the current labour and employment law framework.

canadian pension plan, CPP expansion, employment agreement, employment contract, employment law, employment standards act, Labour Relations Act, Ministry of Labour, retirement plans, termination, termination provision, The Changing Workplaces Review

Harsh or “draconian” terms in employment contract not enough for unenforceability

December 11, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, in accordance with his employment contract, when he refused to provide Money Mart with a full and final release after his termination.

employment contract, employment law, full and final release, pay in lieu of notice, recover his bonus for the year, resignation, termination and limitation clauses, termination provision