Canada: Court Finds Employee Repudiated Employment Contract after Signing 'Strike Notice'
In a recent decision from the Ontario Superior Court of Justice, a plaintiff seeking damages for wrongful dismissal was instead found to have repudiated her employment contract. This case is a good news story for employers dealing with difficult employees. The Court's decision highlights that employees who misguidedly attempt to withhold their services as a negotiation tactic may be found in breach of their existing contractual obligations. » Read More
Canada: Employer's Failure to Comply with Termination Provision Renders it Unenforceable
The Ontario Superior Court of Justice held that an employer's failure to abide by the very termination provision it drafted amounted to a repudiation of the employment contract. Furthermore, the Court determined that in any event, the termination provision was void for non-compliance with the Employment Standards Act, 2000. As a result, the employer was unable to rely on the termination provision to limit its liability, and was ordered to pay common law reasonable notice damages. » Read More
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