First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

without cause

By | 3 Minutes Read

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.

By | 3 Minutes Read

Waksdale: Rethinking or removing for-cause provisions?

Following 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.

By | 4 Minutes Read

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.

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