If you thought the termination clauses in your employment contracts were air-tight, think again. The unsettled field of employment law strikes again in the Ontario Court of Appeal decision in Waksdale v Swegon North America Inc.
If you are an employer or an employee, you have probably heard that the general rule of thumb when it comes to entitlement to notice upon termination is one month per year of service. Is that really true? What does the law have to say?
The Ontario Court of Appeal recently released a decision confirming that courts will not be fooled by different corporate structures when an employee has, in reality, been employed with the same employer for years.
Not every breach of an employment contract permits an employer to terminate the contract and dismiss the employee without notice. That is particularly true where the breach relates, effectively, to performance.
There is a reason that corporate lawyers often ask for input from their employment law colleagues when a business is in the process of being sold. The issue of what happens to employees upon the sale of a company can be highly complex and depends on the nature of the sale.