Worldwide: Contract of Employment

Le Tribunal administratif du travail examine une situation où une salariée démissionne durant un préavis de neuf mois donné par son employeur, alléguant un congédiement déguisé.

The Ontario Court of Appeal has ruled that a company founder who signed an independent contractor agreement was actually an employee under provincial law, invalidating an English forum selection clause.

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.

A recent Ontario Court of Appeal decision in Wigdor v. Facebook Canada Ltd. has dramatically altered the landscape for equity compensation plans in Canada. The ruling found that Restricted Stock Unit forfeiture provisions may violate Employment Standards Act minimum standards, resulting in a multi-million dollar damages award. Employers using RSUs or similar equity-based compensation must now reassess whether their plan documents comply with evolving judicial interpretations of statutory notice period prote

The Ontario Court of Appeal has clarified how termination clauses in employment agreements should be interpreted, rejecting purely literal readings of phrases like "at any time" or "for any reason."

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.

The Ontario Court of Appeal has resolved a critical question about employment contract enforceability, determining whether common phrases like "at any time" and "for any reason" in termination provisions violate employment standards legislation. The decision addresses conflicting lower court rulings and establishes new guidance on how courts should interpret termination clauses in employment agreements.

The Ontario Court of Appeal (“ONCA”) recently released its rulings on two conflicting lower court decisions, finally providing some clarity for employers on the enforceability of termination clauses.

The Ontario Court of Appeal has resolved a critical split in employment law jurisprudence regarding termination provisions containing "at any time" or "for any reason" language. In two consolidated appeals, the Court clarified when such provisions comply with the Employment Standards Act and under what circumstances employers can enforce contractual limitations on termination entitlements.