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ARTICLE · 16 FEBRUARY 2021

A Whirlwind Review: Appellate Employment Cases 2019 - 2020

Gowling WLG
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As litigators are no doubt aware, the impact of COVID-19 made it extremely difficult to get into a courtroom for most of 2020. Appellate courts throughout Canada were no exception

CanadaEmployment and HR
P.A. Neena Gupta
P.A. Neena Gupta
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As litigators are no doubt aware, the impact of COVID-19 made it extremely difficult to get into a courtroom for most of 2020. Appellate courts throughout Canada were no exception, and therefore the volume of decisions stemming from these courts have been somewhat reduced compared with previous years. That being said, a number of significant decisions nonetheless emerged from appellate courts through 2020. The following review highlights the decisions that have emphasized or even shifted key principles of employment law during the past year, and may signal what can be expected for 2021.

  1. Termination clauses are getting harder to enforce
  2. An employee can unilaterally rescind notice of retirement sometimes

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