Updated Rights on Termination of Employment - The Waksdale Decision

Ontario Court of Appeal has recently released a decision on interpretation of termination clauses in an employment contract. Based on the Court's decision, many termination clauses in employment contracts will be considered unenforceable. This will allow many employees to claim common law rights (which are usually higher). In the coming months, many employers will try to revise employment contracts with their employees to ensure that their new employment contracts are in accordance with this decision.
You can read the full decision here: www.canlii.org/en/on/onca/doc...

[@Blacklocklegal]

Thank you!

[@aaaa-kr2og]

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[@accottawavideos]

So it seems like there is no use for ESA now that all termination clauses are non-enforceable and employees will just rely on common law? How is this fair to the employers if in fact the termination clause was written to abide by the ESA standards and make those standards the point of compensation for the employee if they are terminated for cause or without cause? This may kill small businesses!!!