Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses

In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…

Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…