Tag: termination clause

To enforce or not to enforce ESA-only termination clauses: That is the question!

by Sophie Arseneault Employers celebrated the January 2017 decision of the Ontario Superior Court of Justice in Cook v. Hatch upholding a termination clause that did not speak to statutory severance pay or the requirement to maintain health benefits during the statutory notice period. A month later, employers were left scratching their heads once again […]


When Can You Terminate a Disabled Unionized Employee in Canada?

McCarthy Tetrault Canadian discrimination laws, like those in the United States, generally require employers to make accommodations for employees with disabilities. By law, employers must accommodate to the point of “undue hardship,” but undue hardship is difficult to define and is assessed on a case-by-case basis. What happens when employee rights come up against your […]