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Employment Contract Employment Standards Act

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Bennett Jones LLP

Changes to Ontario's Employment-Related Legislation Have Arrived

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As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

Bennett Jones LLP

Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

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As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in...more

Stikeman Elliott LLP

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

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The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

Stikeman Elliott LLP

Does Your Termination Clause Need to Comply with Statutory Group Notice Provisions?

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In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision was void due to its potential to breach...more

Littler

Ontario, Canada Court Decides Employment Contract’s Unenforceable Confidentiality and Conflict-of-Interest Clauses Invalidated All...

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Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391,  the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

Bradley Arant Boult Cummings LLP

Lexology Employment Guide: Mississippi

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour,...more

Littler

Ontario, Canada: Court Reminds Employers Termination Provisions that Could Possibly Violate ESA in the Future are Unenforceable

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In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario’s Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote possibility of violating the...more

Littler

Ontario, Canada: Superior Court Determines Enforceability of Termination Clause

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The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more

Miller Canfield

Significant Decision from the Ontario Court of Appeal Impacts Enforceability of Termination Clauses

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As the old adage goes, "less is more." This might now be true for termination clauses in employment contracts after a recent decision from Ontario's top court. In Waksdale v Swegon North America Inc., 2020 ONCA 391...more

Epstein Becker & Green

Ontario Court of Appeal Limits Severability of Termination Clauses in Employment Contracts

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On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America,...more

Dickinson Wright

Ontario Court of Appeal Sends Employers Back to the Drafting Table … AGAIN!

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On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will....more

Bennett Jones LLP

UCP Introduces Changes to the Alberta Employment Standards Code and the Alberta Labour Relations Code

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On May 27, 2019, the United Conservative Party introduced Bill 2: An Act to Make Alberta Open for Business. Once enacted, Bill 2 will amend the Alberta Employment Standards Code and the Alberta Labour Relations Code. In...more

Bennett Jones LLP

Bill 47 Implements Significant Changes to Ontario Employment Standards Legislation

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On October 23, the Ontario Government introduced Bill 47, Making Ontario Open for Business Act, 2018 ("Bill 47"). The stated purpose of the legislation is to remove “the worst burdens that prevent Ontario businesses from...more

Littler

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

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The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

Littler

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

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Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...more

Dickinson Wright

Managing the Employment Relationship in Ontario

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What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

Bennett Jones LLP

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

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Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

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