The Termination Clause Saga Continues
In a recent decision, Rossman v. Canadian Solar Inc.,
2019 ONCA 992, the Court of Appeal for Ontario ("ONCA")
held that a termination clause containing language aimed to
"save" or "cure" the provision was insufficient
because the termination clause otherwise attempted to contract out
of the minimum standards set out in Ontario's Employment
Standards Act, 2000 ("ESA"). The ONCA decided that
the termination clause was void and of no effect.
In 2010, Noah Rossman was told that his employment was being
transferred from DAI Inc. to Canadian Solar Solutions Inc.
("CSSI"), a company that worked closely with his former
employer. Accordingly, in May 2010, and later in 2012, Mr. Rossman
entered into two (2) new employment contracts with CSSI as a
regional sales manager and project manager, respectively.
