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

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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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A Judge Decides About Going to School: Guidance for Employers

accommodating employees keeping kids home

Photo by Thomas Park on Unsplash

When is fear of Covid-19 justification for keeping kids home from school and to what extent does an employer have to accommodate the employee’s preference? While we’ve discussed this and similar issues on the blog in the past few weeks, a recent family court decision sheds some light on how courts might treat this issue.

Disagreement About Going to School

In Chase v. Chase, a divorced mother and father disagreed about whether their son should attend school in-person or do online learning. No one in either household had an underlying medical condition which would make them more vulnerable to complications from Covid-19. 

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Procedural Timelines and Limitation Periods are Back!

If you are involved in litigation in Ontario, you are likely aware that Ontario suspended its limitation periods and procedural deadlines on March 16, 2020. The suspension order was made under O. Reg. 73/20.

As of Monday, September 14, 2020, the suspension order will be lifted and all limitation periods and other procedural time periods will resume. This change is made in accordance with Ontario’s gradual reopening, under O. Reg. 457/20 made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

How does this affect your matter?

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Workplace Law: It Pays To Be Proactive

workplace law advice for employers

Photo by CQF-Avocat from Pexels

In these challenging times, in the midst of the pandemic, as workplaces re-open, pivot and change, we see the importance and immense value of having strategic employment and workplace law advice. Just a small allocation of thought space and time to being proactive could have changed the outcome of so many situations. We see it now in our firm in many ways. 

Having run a small business for over a decade, I can appreciate that employers are often triaging the urgent demand of finding solutions to client’s needs. Rarely did I have the time or opportunity to “smell the roses” let alone try to proactively anticipate the workplace law needs of my growing organization. However, I now see the critical importance of taking a proactive approach.

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Employers Get Out Your Contracts: An Important Ruling on Termination Provisions

enforceability of specific termination provisions

Image by Edar from Pixabay

This Ontario Court of Appeal decision has been the talk of the town on all the Ontario employment law blogs and while we don’t like to be followers, we also wanted to make sure our readers did not miss this important decision. In Waksdale v. Swegon North America Inc. the Ontario Court of Appeal ruled on the enforceability of specific termination provisions in an employment contract, finding the “without cause” termination provision enforceable because of a flaw in the “with cause” provision. 

Courts frequently come up with new ways of invalidating employer drafted termination provisions that would restrict an employee’s entitlement to notice. The enforceability of termination provisions is what lots of employment cases are about. A properly drafted termination provision in an employment contract can significantly limit an employee’s entitlement to notice of termination. For example, a long service employee terminated “without cause” could be entitled to as little as 8 weeks or as much as 2 years of notice depending on the contract. 

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My Employee Was Charged with a Criminal Offence. What now?

My Employee Was Charged with a Criminal OffenceEmployers faced with an employee who has suddenly landed in jail are typically paralyzed with what the heck to do next. It’s easy to see how criminal and employment legal issues start to commingle in that case, but there are many other situations less dramatic where an employer needs to navigate through the tricky world of criminal law.  

And then add in a global pandemic where the courts are largely on pause. Here are some tips on how to handle a criminal law matter in your workplace.

1. Expect and Plan for Delays

Criminal matters often take longer than expected. The justice system is a process that moves at its own pace. As a result of COVID-19, Courts have largely put non-urgent criminal matters on hold. Jury trials have been suspended until the fall, and Judge alone trials are on hold until at least July.

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