A recent Ontario court decision reinforces the importance of having a well-drafted employment contract. In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice ruled that an employer’s termination clause limiting an employee’s severance to the minimum required under the
An Employer Guide to Terminating Employees – How it Differs from U.S.
For U.S. companies managing teams across the border and terminating employees, Ontario employment law can feel like a whole different world. In some ways, when we represent U.S. clients dealing with workplace disputes, such as termination of employment, the progressive nature of Ontario employment
Workplace Investigations in Ontario
Workplace investigations are a necessary part of managing risk and fostering a respectful, law-abiding culture. While harassment and discrimination are commonly recognized as issues requiring formal investigation, other forms of misconduct—like fraud, time theft, or breaches of
Following Waksdale v. Swegon North America: Court Invalidates Employment Contract Termination Clause
In another decision, the court has emphasized the enduring influence of the Waksdale v. Swegon North America Inc., 2020 ONCA 391 case on the enforceability of termination clause in employment contracts. The Court's ruling in De Castro v. Arista Homes Limited, 2025 ONCA 260 underscores the necessity
Employer Defence for Wrongful Dismissal Claims – A Successful Outcome
Wrongful Dismissal Claims in Ontario In recent years, Ontario courts have taken heavily scrutinized stance on termination clauses in employment contracts. As experienced employment lawyers helping provide employer defence for wrongful dismissal claims know from experience, judges have frequently
Emotional Distress Damages in Wrongful Dismissal Cases in Ontario
Understanding Emotional Distress Damages in Wrongful Dismissal Cases: What Employees Need to Know When an individual is wrongfully dismissed from their job, it is not just the financial implications that can be distressing. In some cases, employees may experience significant emotional suffering due
Resigning From Your Job
What Happens if an Employee Resigns from Their Job in Ontario Resigning from a job is a significant life decision, one that can bring about various legal, financial, and personal implications. Whether it’s for personal reasons, a better career opportunity, or dissatisfaction with the work
Common Mistakes Ontario Employers Make When Terminating Employees
Common Mistakes Ontario Employers Make When Terminating Employees Terminating an employee is never an easy task, but it’s important to handle it with care to avoid costly mistakes and legal trouble. In Ontario, the rules around termination are quite strict, and failing to follow them can lead to