Canada: Contract of Employment

The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. awarded a former employee over US$4.7 million in Restricted Share Units, establishing that such benefits must continue vesting during statutory notice periods. This landmark ruling emphasizes the critical importance of statutory compliance in employment agreements, particularly following business acquisitions, and clarifies that forfeiture provisions cannot override employees' rights to contractual benefits during notice periods.

The Ontario Court of Appeal has issued a landmark ruling on employment termination provisions, addressing whether contractual language permitting termination "at any time" or "for any reason" violates the Employment Standards Act. This decision overturns a controversial lower court ruling and provides crucial clarity for employers drafting termination clauses. The court emphasized a practical, contextual approach to interpreting employment contracts rather than isolating specific phrases.

Hiring temporary foreign workers can help address labour shortages and support business growth, but it also comes with important and ongoing employer compliance obligations.