When Failsafe Language Fails: The Ontario Court of Appeal on the Enforceability of Termination Provisions
On August 30, 2019, the Ontario Court of Appeal dismissed the employer’s appeal in Andros v. Colliers Macaulay Nicolls Inc.[1] The Court of Appeal’s decision affirmed a Motion Judge’s finding that a termination provision which provided for severance entitlements below the Employment Standards Act, 2000 (the “ESA”) minimums was not saved by the “failsafe”
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