This session, led by Stuart Rudner, HR Lawyer & Mediator, and Geoffrey Lowe, provides an in-depth exploration of the complexities surrounding termination clauses in employment contracts. The discussion covers how employment law is continuously evolving, particularly in Canada, and how legal precedents influence the enforceability of termination clauses.
Key Topics Covered:
- The Legal Landscape of Termination Clauses: A historical overview of how courts have interpreted termination provisions, with a focus on recent landmark cases that have shifted the balance between employer and employee rights.
- The Pendulum Effect in Employment Law: How judicial decisions have swung between employer-friendly and employee-friendly rulings, and what this means for HR professionals and legal practitioners.
- Types of Termination: The distinction between termination with cause and without cause, including how severance and notice periods are determined under statutory and common law.
- Sources of Entitlements: Analyzing statutory entitlements, common law reasonable notice, and contractual provisions that define an employee’s rights upon termination.
- Challenges in Drafting Enforceable Termination Clauses: Common pitfalls that make clauses unenforceable, including ambiguity, failure to comply with employment standards, and inadequate consideration for employees.
- Recent Case Law and Legal Trends: A deep dive into pivotal cases such as MacTinger v. Hoj Industries, Wood v. Fred Deeley Imports, Waksdale v. Swegon North America, and Dufault v. Township of Ignace, illustrating how courts interpret termination clauses.
What Participants Will Learn:
- How to draft termination clauses that withstand legal scrutiny and comply with evolving case law.
- The impact of recent court decisions on employment contracts and what changes employers should make to ensure enforceability.
- The importance of providing proper consideration when implementing new contracts for existing employees.
- How HR professionals can proactively manage termination risks to avoid costly litigation.
This session is essential for HR professionals, business leaders, and legal practitioners looking to stay ahead of employment law changes and ensure their termination clauses remain valid and enforceable.
