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Offending termination clauses that are void cannot 'oust' common law, court rules

Friday, October 20, 2017 @ 9:18 AM | By Amanda Jerome

The Ontario Court of Appeal has ruled an employee is entitled to receive severance pay based on common law in lieu of reasonable notice in a decision, counsel says, is instructive to both employers and employees on termination provisions.  

Ben Hahn, Rogers & Company Professional CorporationIn North v. Metaswitch Networks Corporation 2017 ONCA 790, the court heard that the appellant, Doug North, had an employment contract with the respondent, Metaswitch Networks Corporation. When North’s employment was terminated without cause, a dispute arose as to whether...