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Waksdale: Now the Final Word on Termination Provisions – Leave to Appeal Waksdale Decision to the Supreme Court of Canada is Denied

Leave to Appeal Waksdale Decision

Image by Edar from Pixabay

The highest Canadian court has just confirmed that an invalid “just cause” termination section in an employment contract will also knock out the entire termination section, including the “without cause” section. 

In our earlier blog discussing employment termination packages –Termination Entitlements: Benefits, Bonuses, and Commissions – we promised to keep you updated on 2020’s employment law decision of the year, Waksdale v. Swegon North America Inc. So here we go. 

Leave to Appeal Denied

To recap, Waksdale was a decision from the Ontario Court of Appeal that immediately put termination provisions in jeopardy. In the case, the Court of Appeal found that the employer, Swegon North America, could not rely on their properly drafted “without cause” termination provision, in a without cause termination of their employee, Benjamin Waksdale.

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Ontario’s Latest Emergency Response: Key Developments for Employers

State of Emergency measures for employers

Photo by Daniel Lee on Unsplash

Inclined to believe better days are ahead of us, most of us couldn’t wait to see the end of 2020. While we’re still getting used to writing the new year, 2021 is already off to a rough start with the best news ahead not expected until September 2021 by which time we’re told we can expect that most Canadians will have been vaccinated. 

On January 12, 2021, with public health and financial recovery still in jeopardy, the Ontario government, under the advice of the Chief Medical Officer of Health, announced its latest emergency response measures. Here are the key developments for Ontario employers.

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Vaccination and the Workplace

Now that Canada has started to administer its first COVID-19 vaccine shots, many employers are wondering if they can require their workers to get vaccinated? A workplace mandate for vaccination seems like sensible risk management after a year of devastating costs for employers due to the pandemic. 

What if My Employee Refuses to be Vaccinated?

But what can an employer do if an employee refuses to be vaccinated? As long as your employees are not unionized, in theory, employers have the right to terminate employment without cause for any reason unless it’s discriminatory. As long as the requirement or any policy related to vaccination doesn’t infringe on any human rights protection owed to the employee, the requirement is not discriminatory.

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