The above analysis reviews cases which either preceded present human rights legislation offering protections on the basis of family or marital status or did not involve human rights issues. In
Contract Term Offside the ESA – Void or Voidable In a prior post, I reviewed the issue of the employer’s reliance upon a term which was in violation of
Ontario courts have been clear in recent years that a violation of the ESA, particularly in the termination paragraph, will make the termination term unenforceable. To be more precise, the
Repudiation as Opposed to Termination There is a difference between repudiation and termination. Repudiation is an assertion that the employment “contract” has been violated by the conduct of the employer.
Is the Termination Clause Now Dead? The termination clause in the recent decision in Dufault was found to be unenforceable for several reasons. These included one particular issue due to
A unique set of rules has developed with respect to contracts which propose to reduce or eliminate claims for incentives and similar sums attributable to the notice period. This is
This issue is reviewed above. Definitions for Termination & Severance Pay “regular wages” means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence
Narrative Review is above Issue Decision Authority General Principles of Interpretation of Termination Clause Consider parties are not in equal bargaining power; Employees are unfamiliar with ESA; ESA is
It has been well established that a termination clause will fail when it creates not only an actual, but also a potential violation of the statutory requirement. Such was the
Power of the Dissent If making a submission which appears contrary to modern authorities, there is no need to avoid citing dissenting, or concurring reasons in argument. Several past dissents
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