Human Resources Director Canada published an online article by Ronald Minken and Tanya Sambi, July 16, 2025:
“ESA-compliant language can exclude common law notice: Ontario decision”
When properly drafted, such clauses prevent costly common law notice claims
In a significant decision for Ontario employers, the province’s Court of Appeal has reaffirmed that clear and unambiguous termination clauses that comply with the Employment Standards Act, 2000 (ESA) will be enforceable, even if they eliminate an employee’s entitlement to common law notice.
Related Topics
- Ontario Court of Appeal – ESA Compliant Language Can Exclude Common Law Notice
- Supreme Court of Canada Ruling in Dufault v. Municipality of Ignace Stands: ESA Compliance in Termination Clauses Is Non-Negotiable
- Ambiguous Termination Clauses Will Be Interpreted in Favour of Employees