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ARTICLE · 01 SEPTEMBER 2014

Enforcing Termination Provisions – Things Not Getting Any Easier For Employers

The Ontario Superior Court recently provided employers with yet another reminder about the care that has to be taken when drafting employment contracts.

CanadaEmployment and HR

CCPartners has blogged about the benefits of including termination clauses in employment agreements and the common pitfalls associated with drafting these clauses. You can see that blog here.

The Ontario Superior Court recently provided employers with yet another reminder about the care that has to be taken when drafting employment contracts and particularly their termination provisions.

In Miller v. A.B.M. Canada Inc., Paul Miller was hired by A.B.M. Canada Inc. as a management accountant. Upon being hired, Miller entered into an employment agreement with A.B.M. which contained a termination provision limiting notice of termination to the minimums provided by Ontario's Employment Standards Act, 2000 ("ESA"). The termination clause stated as follows:

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