Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.
termination without cause
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”.
In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.