ARTICLE · 31 AUGUST 2018

FTR Quarterly – Issue 10

Hicks Morley Hamilton Stewart Storie LLP

Over the past several years, there have been numerous court decisions relating to the enforceability of termination notice provisions in employment contracts.

CanadaEmployment and HR

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5 Key Things for Employers to Consider When Drafting Termination Clauses in Employment Contracts

By: Anna V. Karimian and Kimberly D. Pepper

Over the past several years, there have been numerous court decisions relating to the enforceability of termination notice provisions in employment contracts. In many cases, the courts have found these provisions to be unenforceable for non-compliance with the Employment Standards Act, 2000 (ESA), and as a consequence, employees are instead owed common law reasonable notice. Recent decisions have reinforced the importance of having a clear and well-crafted termination provision to minimize the risk that a reviewing court will find the clause to be unenforceable, should litigation arise.

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FTR Quarterly – Issue 10

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5 Key Things for Employers to Consider When Drafting Termination Clauses in Employment Contracts

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