Share on LinkedInShare on LinkedIn

ARTICLE · 12 MARCH 2019

Employers Get It Right: Court Upholds Contractual Termination Provisions

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Contributor
Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

With over 750 lawyers, intellectual property agents and other professionals, BLG services...

View firm profile
Explore more from Borden Ladner Gervais LLP

Such contracts are binding, provided that they comply with the minimum ESA provisions.

CanadaEmployment and HR

A recent decision of the Ontario Court, Burton v. Aronovitch McCauley Rollo LLP, 2018 ONSC 3018 (Burton), adds to the considerable case law that addresses when a termination provision is void for failure to comply with the provisions of the Ontario Employment Standards Act, 2000 (the ESA).

In brief, the ESA sets minimum standards, including the following rights on termination (unless an exception, such as "wilful misconduct," applies):

  • Notice of termination, or termination pay with benefit continuance, for up to eight weeks; and
  • Subject to certain conditions (such as the size of the employer's payroll and the employee's length of service), severance pay of up to 26 weeks.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Please add at the end of every article before the disclaimer (remember to change the article id):

About BLG

See more popular content from