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without 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 Occasional Contributors | 3 Minutes Read March 31, 2021

Waksdale: Rethinking or removing for-cause provisions?

two people workingFollowing the release of the Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc. in June 2020, many employers are facing the realization that the termination provisions in their contracts may be unenforceable and in need of amendment, thanks to illegal for cause provisions.

Article by Occasional Contributors / Business, Employment Standards, Payroll / Dismissal, employment contracts, employment law, for-cause provisions, reasonable notice of termination, termination, Waksdale, without cause

By Sultan Lawyers | 4 Minutes Read February 26, 2021

Separation of employment

Employment relationships may come to an end for several reasons. The reasons for the separation, and the type of dismissal that occurs, will impact an employer’s obligations to the terminated employee.

Article by Sultan Lawyers / Employee Relations, Employment Standards, Payroll / constructive dismissal, employment law, Just cause termination, reasonable notice, separation of employment, termination, termination with cause, without cause, wrongful dismissal

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