In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.
termination without cause
In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.
In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?