Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Employment Law

While Canada and the United States are alike in many respects, there are a few key differences in employment law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.

Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause

It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…

Benefits Canada Publishes an Article by Thomas Agnew on Termination in Employment Contracts

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employers Given Mixed Messages on Termination in Employment Contracts.” Employment contracts often contain clauses limiting an employee’s entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to. However, if the clauses violate the act in any way, courts may not enforce them.

Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court

The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…

OBA: 14th Annual Current Issues in Employment Law – Webcast Replay

Topic Enforceability of Employment Contracts since Machtinger Practical advice on how to draft, enforce and challenge termination clauses in light of evolving caselaw How recent developments may impact your drafting and the advice you provide: from early termination of fixed term contracts, to severability and probationary clauses and more Agenda    

Can Americans Who Work for Ontario Companies in the United States Opt into Ontario’s Minimum Standards?

A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…