Simran Bakshi on Workplace and Employment Law: Another Blow to Employers – There is no saving a Termination Provision that is in part illegal

What happens if one provision in a section on termination of employment is unenforceable, but not another? The Court of Appeal considered this question in Waksdale v Swegon North America Inc, 2020 ONCA 39 and determined that "While courts will permit an employer to enforce a rights-restricting contract, they will not enforce termination provisions that are in whole or in part illegal.  In conducting this analysis, it is irrelevant whether the termination provisions are found in one place in the agreement or separated, or whether the provisions are by their terms otherwise linked."

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