termination clause Tag

Termination clauses are akin to prenuptial agreements. Their purpose is to create clarity about an employee’s entitlements at the time of dismissal. If a termination clause does not comply with the Employment Standards Act, 2000 (ESA), it will not be enforced. The issue of enforceability...

In general, courts interpret employment contracts differently from commercial contracts, mainly because of unequal bargaining power between employers and employees and the importance of employment in a person’s life. Some employment contracts include severability clauses, which are designed to reform an illegal...

While we often see employment contracts that contain termination provisions that purport to limit employees’ entitlements upon dismissal to the statutory minimums mandated by the Employment Standards Act, the language used to achieve that objective is often susceptible to legal interpretation. A case in point is...