Employment Law Tracker - July 2020

All or Nothing: Void Just-Cause Termination Provision Invalidates Entire Termination Clause

In a recent decision, the Court of Appeal for Ontario held that an employer could not rely on a valid and enforceable without-cause termination provision because the employment contract included a separate for-cause termination provision that violated the Employment Standards Act, 2000 ("ESA"). In coming to its decision, the Court of Appeal considered it irrelevant that the employer had not actually relied on the for-cause termination provision when terminating the employment relationship. The Court of Appeal also refused to give any effect to the employment contract's severability provision. Read More