Sentences with phrase «considered termination clauses»

The 2016 decision is noteworthy because it provides a thorough review of previous Canadian decisions that have considered termination clauses in employment contracts.

First, the decision in Stevens does not sit easily with the case law that has considered termination clauses.

In 2016 the Ontario Court of Appeal considered a termination clause in Oudin v. Centre Francophone de Toronto.8 that stated the employer could terminate the appellant's employment with the ESA minimum «notice» but made no mention of «severance».

Not exact matches

The Court then considered a severability clause in the contract, upon which the employer relied to have the offending language removed, thus rendering the termination clause enforceable.

This decision considered two common challenges to termination clauses.

In October, the Ontario Court of Appeal once again considered the enforceability of termination provisions, deciding that a severability clause in an employment agreement will not save a termination provision that provides the employee with less than the minimum ESA entitlements.

As a result of section 5 (1), ESA, the Court of Appeal stated that where the termination clause contains «even one» violation of the ESA, the entire termination clause would be considered void and thus, unenforceable.

Employers who wish to limit their exposure to longer notice periods for skilled, short service employees should ensure that they have well - drafted termination clauses in place, and consider a provision allowing for restrictive covenants to be waived when their harm outweighs their benefit.

Unlike the termination clause considered by the Court of Appeal in its 2017 decision, Wood v Fred Deeley Imports (which you can read about in more detail on our blog), the clause in this case did not exclude the employer's obligation to provide severance pay; it simply said nothing about the obligation.

However, employers need to carefully consider whether and how fixed - term contracts may be renewed pursuant to the contract so that termination clauses always provide the minimum termination entitlements under the ESA, regardless of when the contract may be terminated during the life of the contract, including during any renewal of the term as permitted by the contract.

if the termination clause is enforceable and the employer will not agree to its removal consider refusing the job offer.

If this is not the case, or the ubinhabitability clause does not trigger, you may also consider requirements that issues be addressed n a reasonable time, thereafter being grounds for termination of lease.