‘Saving Provisions’ Will Not Cure Your Deficient Termination Clause

Every year we analyze countless new cases where the courts have grappled with the enforceability or lack of enforceability in termination clauses. This is for good reason – an enforceable termination clause is likely the single-most important provision in an Employment Agreement. An enforceable termination clause that restricts an employee’s rights upon termination to the […]

Resignations Must Be ‘Clear’ and ‘Unequivocal’

Throughout the past year, several decisions have consistently illustrated that employers must exercise extreme caution when receiving and responding to employee resignations. The overarching theme that the courts repeatedly confirmed was that employee resignations, retirements or job abandonments must be clear and unequivocal. Furthermore, the court reiterated that the onus is on the employer to […]

The Court Awards Plaintiff a Whopping $1.27 MILLION in Constructive Dismissal Damages

In a recent decision, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the court awarded the Plaintiff with a damage award exceeding $1.27 million as a result of a constructive dismissal. In this case, the Defendant employer, signed a Fixed-Term 10-year “Transitional Consulting Services Agreement” with the Plaintiff employee. This Fixed-Term Agreement was notably silent […]

The Devil is in the Details When it Comes to “Fixed-Term” Employment Agreements 

The Court recently provided further clarity to the area of “fixed-term” employment agreements with their recent decision in Lee v Choice Bank Limited. In this case, the employee had entered into a three-year fixed term employment agreement (“EA”) with the Defendant employer Bank to act as its President. The EA stipulated that her employment would […]

Moving Forward After #METOO: Building A Safe & Respectful Workplace

By: Jordan Rodney & Nicole Mast Kusch in Dialogue Magazine   Building a Safe and Respectful Workplace  At its peak, the #MeToo movement was all over the internet, TV and radio. It seemed that everywhere you turned, new and serious allegations surrounding your favourite stars and business leaders were coming to the forefront. Although the movement […]

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