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Serious insight for serious situations.

Serious insight for serious situations.

Chaos in the realm of termination clauses

Increasing Consistency Although an employee is presumptively entitled to reasonable notice of termination, this notice can be altered by contract. However, for a termination clause to be enforceable, it must provide for an employee’s minimum statutory entitlements under the applicable employment standards act in a given jurisdiction.[1]  Where a termination clause is held unenforceable, the

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What’s the fix to ending a fixed-term contract early?

Fixed-term contracts are those that anticipate and set out a certain length of employment. But what if the parties want to bring the relationship to an end within the fixed-term? Is the employer on the hook to pay for the remaining term? This was precisely the question before the Ontario Superior Court of Justice recently.

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On the first day of Christmas…

If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these?  A partridge?  I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which

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Clear drafting: Essential to the enforceability of termination clauses

When terminating an employee without just cause, an employer is required to provide the employee with reasonable notice of the termination or reasonable payment in lieu of such notice at common law.  The length of notice can be significantly less than the common law would require provided that the parties enter into an employment agreement

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