A recent decision from the Ontario Superior Court of Justice has upheld the enforceability of a termination clause which contained the phrase “at any time”. The clause limited the employee’s entitlement at termination to one week of salary and benefits – the employee’s minimum entitlements under the Employment Standard Act, 2000 (the “ESA”).
In Brocklehurst v Micco Companies Limited, 2025 NSSC 192 (“Micco”), the Court held that the Applicant’s termination clause found in their employment agreement with the Respondent was ambiguous and therefore unenforceable. The clause failed to effectively limit the Applicant’s entitlements upon termination to only his statutory minimum amounts pursuant to the Nova Scotia Labour Standards Code, while also making reference to “severance pay,” which is not defined in the legislation.
Bottom Line On March 28, 2025, the Ontario Labour Relations Board (the “OLRB”) released its decision in Jiri Pik v. Cure Data Inc. In this decision, an internationally-based applicant alleged their purported employer had violated the applicant’s rights under the Employment Standards Act, 2000 (“ESA”). The OLRB disagreed, concluding the applicant’s employment was not subject […]
Bottom Line In the recent case of Taylor v Salytics Inc., 2025 ONSC 3461, the Superior Court of Justice (the “Court”) held that the enforceability of termination provisions in an employment contract does not impact the enforceability of layoff provisions. Despite the unenforceable termination provision, the Court held that Salytics Inc. retained the contractual right […]
Background In the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the “Court”) discussed the enforceability of employment contracts containing references to “at will” employment from the defendant company’s American corporation. The Court also upheld the defendant’s challenge to the plaintiff’s mitigation efforts on the basis of a failure […]
Bottom Line On May 16, 2025, the Ontario Court of Appeal in Bertsch v Datastealth Inc., 2025 ONCA 379 (CanLII) upheld a termination clause limiting employees’ termination entitlements to the minimum amounts pursuant to the Employment Standards Act, 2000 (the “ESA”). This recent case brings positive news for employers within the current legal landscape surrounding […]
Bottom Line In a recent decision, Waste Management of Canada Corporation v Unifor, Local 4268, Arbitrator Wilson upheld the dismissal of a long service employee who refused to comply with the employer’s reasonable safety program. The employer in this case was successfully represented by Filion Wakely Thorup Angeletti LLP lawyers, Evan Campbell and Rebecca Rosenberg. […]
L&E Global Employment Law Tracker – July 2025 A monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – July 2025.
Bottom Line In the recent case of Shelp v. GoSecure Inc., the Superior Court of Justice (the “Court”) ruled through a summary judgement motion that a Plaintiff’s independent job search, including discovering opportunities through personal networks, does not constitute inducement and does not affect the reasonable notice period in a wrongful dismissal case. The Court […]
Bottom Line Most federally regulated employers with 10 or more employees have another pay equity deadline approaching on June 30, 2025. By that date, they are required to file their first annual statement. In our earlier Insight, we discussed the requirements under the Federal Pay Equity Act (the “Act”) to develop and post a Pay […]
As a proud member of Advocates for Employers of Canada (AEC), we are sharing this timely update on upcoming equal pay requirements under the Canada Labour Code. A must-read for federally regulated employers and temporary help agencies.
A monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – June 2025.