Yet another reminder for employers to proceed with caution when drafting termination provisions

It is safe to say that most every employer understands that a termination provision in an employment contract must provide for no less than minimum employment standards.  With this understanding, employers and their counsel draft termination provisions with the full intention of complying with these minimum standards.  However, it seems that despite these good intentions, the courts have sent a very clear message that a termination provision that falls short and does not expressly include all of the minimum requirements of employment standards will be null and void in its entirety.

The Ontario courts have delivered this message now for the third time in the recent decision in Miller v. A.B.M. Canada Inc.  [2014] ONSC 4062, having previously conveyed this cautionary tale in the case of Wright v. Young and Rubicam Group of Companies (Wunderman), [2011] O.S..J. No. 4960 (S.C.J.) and then again in Stevens v. Sifton Properties Ltd., [2012] O.J. No. 6244 (S.C.J.).  For a