Canadian Lawyer

April 2021

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/1354729

Contents of this Issue

Navigation

Page 39 of 51

38 www.canadianlawyermag.com TWO APPELLATE court decisions handed down last year got the employment law bar talking. In June, the Court of Appeal for Ontario decided in Waksdale v. Swegon North America Inc. that a "without cause" termina- tion provision in an employment agreement Appellate court decisions in Waksdale and Ocean Nutrition show a need for clear and unambiguous language in order to remove employee protections, writes Elizabeth Raymer Decisions create uncertainty for employers was unenforceable because the employ- ment agreement also contained a "just cause" provision that contracted out of the minimum standards of the Employment Standards Act. (In January, the Supreme Court of Canada denied the respondent leave to appeal the decision.) LEGAL REPORT LABOUR AND EMPLOYMENT In October, the Supreme Court released its judgment in Matthews v. Ocean Nutrition Canada Limited, finding that an employee deemed to have been constructively dismissed was entitled to a payment under a long-term incentive plan because the "realization event" occurred during the reasonable notice period.

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - April 2021