Ontario Court of Appeal addresses termination clauses – here we go again! Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679

Article
September 25, 2019
Read Time: 4 minutes

The Ontario Court of Appeal has recently decided yet another case about the validity of a termination clause in a contract.  The clause at issue read as follows: The company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to the Ontario Employment… Read more »

I’ve already signed a Release – have I given up all my rights?

Blog Post
September 4, 2019
Read Time: 3 minutes

You have already signed a full and final release as part of your settlement package following termination, but you want to bring a claim to seek more money. Is it too late? Now what? Nelligan O’Brien Payne gratefully acknowledges the contribution of Avery Ross, Student-at-Law, in writing this blog post. Employers often require employees to… Read more »

Termination Clauses: Reading the Fine Print

Blog Post
November 29, 2017
Read Time: 3 minutes

In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.

Just Cause: When Is It Justified?

Blog Post
October 6, 2017
Read Time: 4 minutes

Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?

Rejected Severance Packages: To Plead or Not to Plead, That is the Question

Blog Post
August 25, 2017
Read Time: 4 minutes

A recent decision from an Ottawa judge at the Superior Court of Justice has shed light on whether severance packages offered by employers at termination can later be referred to in court pleadings. It seems that the answer will usually (but not always) be “no”.

Promotion But No New Contract? That Old Contract May Not Apply!

Blog Post
August 17, 2017
Read Time: 3 minutes

What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.

Working Notice and Limitation Periods: When Can I Sue?

Blog Post
May 11, 2017
Read Time: 3 minutes

If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”