Five Employer Wins And Counting: Is The Tide Turning?

In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers.

This bulletin highlights five recent decisions that underscore a potential turning of the tide in employment case law.

Bertsch v. Datastealth Inc.

In Bertsch v. Datastealth Inc., the Ontario Court of Appeal confirmed that a termination provision limiting entitlements to the statutory minimums under employment standards legislation will be enforceable if, when reasonably interpreted, it is legally compliant.

On the initial motion, the judge found the termination provision to be clear, unambiguous and enforceable, excluding any right to common law wrongful dismissal damages. In reaching this decision, the judge noted that no reasonable interpretation would find the termination provision to be offside of employment standards legislation.