A termination clause is only enforceable if it conforms to the provisions of the Employment Standards Act, 2000 (“ESA”). If the clause’s application “potentially” violates the ESA in the future, it is void. The issue of enforceability of termination clauses does not cease to vacillate....
A question of enforceability of termination clauses turns on the wording of the clause, the purpose and language of the Employment Standards Act, 2000, and the jurisprudence on interpreting employment agreements. With the release of Nemeth v. Hatch Ltd., 2018 ONCA 7, the Court of...
The importance of employment in a person’s life enables courts to interpret employment agreements differently from commercial agreements. However, the question of enforceability of a termination clause within an employment agreement has been plaguing our courts with uncertainty for years....
Written employment contracts are relationship management tools. Their goal is to provide certainty of the terms of employment. If an employment contract fails to conform to the provisions of the Employment Standards Act, 2000, it will be invalidated. A recent case in point is Garreton...