Canada: Key Issues

  1. Court considers surreptitious recording of a termination meeting as evidence of an employer's bad faith conduct.
  2. New Ontario court decision on the enforceability of termination clauses in employment contracts.

Canada: Court Relies on Secret Recording of Termination Meeting to Sanction Employer's Bad Faith Conduct

An Ontario court recently awarded significant damages – including $15,000 in moral damages – to an employee who had been wrongfully dismissed. In fashioning this damages award, the Court relied on a surreptitious recording of the termination meeting as evidence of the employer's bad faith conduct. » Read More

Canada: Court Finds that Saving Clause Does Not Fix an Illegal Termination Provision

In a recent decision, the Ontario Superior Court of Justice found a termination clause to be unenforceable -- despite a "saving provision" that purported to incorporate the minimum statutory requirements into the employment agreement. » Read More

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