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Category Archives: Contractual Termination Provisions

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Are the Tides Finally Turning? Ontario Court of Appeal Upholds Termination Provision Providing Only for “Notice” Under the ESA

Posted in Contractual Termination Provisions, Employment Agreements, Employment Standards, Termination

In a recent case, Oudin v Centre Francophone de Toronto (“Oudin”), the Ontario Court of Appeal has offered potential relief to employers whose contractual termination provisions provide an employee with only his or her minimum “notice” entitlement under the Employment Standards Act, 2000 (the “ESA”).

The State of the Law Prior to Oudin

As a general principle, if an employer wants to limit an employee’s entitlements upon a without cause termination to the minimums established by the ESA, the contractual provision must ensure that the employee will be provided with at least their ESA minimum entitlements to notice, … Continue Reading