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.