Simran Bakshi on Workplace and Employment Law

Employers Beware – Even the most Remote Possibility of Violating the ESA will render a Termination Provision Invalid

Termination clauses in employment contracts must be drafted very carefully, with due consideration for all employment standards prescribed by law. As the Court in Rutledge v Canaan Construction Inc., 2020 ONSC 4246 (CanLII) stated, if a termination clause can be interpreted as being “even a potential violation of the ESA, no matter how remote, [it] should be unenforceable”

- Garry J. Wise, Toronto

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