Another Day Another Unenforceable Termination Provision

In the recent Superior Court decision of Baker v. Van Dolder's Home Team Inc., 2025 ONSC 952 (CanLII), Justice Sproat found that the termination provision in the employment agreement was, yet again, unenforceable.

The Employment Agreement

The employment agreement in this case included both a with-cause and a without-cause termination clause.

The with-cause clause provided:

We may terminate your employment at any time for just cause, without prior notice or compensation of any kind, except any minimum compensation or entitlements prescribed by the Employment Standards Act. Just cause includes the following conduct:

1. Poor performance, after having been notified in writing of the required standard;