For years, lawyers have debated whether a termination clause must specifically state that the employee will not be entitled to common law reasonable notice in order to limit his or her entitlements upon termination. According to a recent Ontario Court of Appeal decision, the answer is no. The decision has also confirmed that a termination clause need not address all of the employee's statutory entitlements in order for it to be valid.
Included among the many changes to the Employment Standards Act 2000 brought about by the Fair Workplaces, Better Jobs Act 2017 (known as 'Bill 148') is the prohibition on paying certain employees less than others based on their employment status. This means that employers can no longer pay part-time employees less than full-time employees if they perform substantially the same kind of work in the same establishment.
A recent Ontario Superior Court of Justice decision found that an employee was wrongfully dismissed after quitting 'in the heat of the moment'. This case serves as a reminder that employers should exercise caution before accepting a resignation from an employee who quits suddenly – for the resignation to be valid, it must be clear, unequivocal and, most importantly, reflect the employee's intention to resign.