The Alberta Court of King’s Bench has dismissed an employer’s appeal in a wrongful dismissal case, reinforcing that an employment contract’s termination clause must be “clear and unambiguous” before it…
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Employment ContractsFeatured
‘Refreshing reminder’: Ontario court upholds termination clause, signaling shift to a more employer-friendly approach
By Norm Keith, Richelle Pollard, and Joseph Cammalleri A new case has upheld a termination clause in an employment contract that “bucks the recent judicial trend.” While most termination clauses…
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Employment ContractsFeaturedWrongful Dismissal
B.C. court awards dismissed manager 4.5 months’ pay, finds termination clause unenforceable
ABC Insurance Solutions wrongfully dismissed one of its former customer service managers, the Supreme Court of British Columbia has ruled. It awarded her four and a half months’ pay in…
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Employment ContractsFeaturedLegal Costs
B.C. court cites lack of consideration in nullifying second contract signed in a day by new hire at Thinkific Labs
What happens when an employee agrees to an employment contract only to receive a second document hours later with new terms on termination and non-competition? This scenario recently unfolded at…
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Employment ContractsFeaturedUncategorized
Ontario employer’s bid to limit notice in fixed-term contract dispute over invalid termination clauses rejected by Court of Appeal
The Court of Appeal for Ontario has dismissed the notion put forth by an employer that, due to invalid termination clauses, its fixed-term employment agreement would merely entitle a former…
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Employment ContractsFeaturedRecommendedWrongful Dismissal
Ontario judge tosses out termination clause that specified no notice for just cause dismissal
A termination clause has been struck down by an Ontario court because it stated that no payments would be made in case of a “just cause” termination. Paul Summers was…
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Constructive DismissalEmployment ContractsFeatured
Clumsy, expletive-filled meeting a bad idea, but didn’t warrant punitive damages: Court
A beauty esthetician was awarded 10 months’ reasonable notice after being terminated without cause. It’s a textbook lesson in how not to present a worker with a new employment contract.…
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Constructive DismissalFeatured
Worker’s case that loss of truck amounted to constructive dismissal was ‘Ram tough’: Court
An HVAC technician in Ontario who lost use of a company-paid truck, including insurance and highway toll coverage for commuting, has won a constructive dismissal claim against his former employer.…
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Employment ContractsFeaturedJust Cause
Oracle’s ‘just cause’ termination clause tossed for being too broad by Ontario court
The termination clause in an employment contract for a sales rep at Oracle has been ruled invalid by an Ontario court for being overly broad. Aftim Nassar began working for…