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.