Common Law Notice Archives

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January 14, 2025

Employers can protect themselves from significant liability by limiting termination entitlements to ESA minimums.

Another Termination Clause Unenforceable Due to Breach of Legislation

May 4, 2021

The Ontario Superior Court of Justice finds another termination clause unenforceable and invalid as it violates the Canada Labour Code.

Ignoring Workplace Harassment Proves Costly

May 29, 2019

The Ontario Superior Court of Justice case of Bassanese v. German Canadian News Company Limited et al., is a cautionary tale of the financial conseque Read More...

Big Notice Win for Long Term Employee

April 2, 2019

Many believe that common law notice is calculated based on 1 month for each completed year of service. While some employees are awarded notice that ap Read More...

When Working Notice Is Not Notice At All
December 23, 2016
The Ontario Superior Court of Justice's recent decision in Thambapillai v. Labrash Security Services Ltd. demonstrates, there are certain elements nec Read More...

Fixed-Term Contracts and Termination Clauses
May 31, 2016
In Howard v. Benson Group, the Court of Appeal found the Employer liable for the balance of their Sales Development Manager’s five-year term contrac Read More...

Termination Payment of “Salary” in Breach of ESA – Appeal Court
June 16, 2015
In Miller v. A.B.M. Canada, the Divisional Court of Ontario upheld a Superior Court of Justice decision to strike down the termination provision of an Read More...

Termination Clause Upheld – 2 years work, only 2 weeks wages!
March 3, 2015
In Shapka v. Interbase Consultants Ltd., the Court analyzed the termination clause contained in the employee’s contract of employment and determined Read More...

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Executive Termination Settlement avoiding Litigation
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International Charity (Non-for-Profit) Organization with Unionized and Non-Unionized employees
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