Can an employer withdraw a termination of employment after it has been delivered to its employee?
In a series of cases from the Ontario Superior Court of Justice, one of which I argued, judges have consistently held that an employer cannot.
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Sean Bawden, Partner, Kelly Santini LLP.
sbawden@ottawaemploymentlaw.com | 613.238.6321
Can an employer withdraw a termination of employment after it has been delivered to its employee?
In a series of cases from the Ontario Superior Court of Justice, one of which I argued, judges have consistently held that an employer cannot.
If an employer dismisses an employee without cause, pays the employee a considerable amount for severance, and the parties sign a full and final mutual release absolving each other from any further claims, can the employer, upon discovering the fact that the employee had lied about his actions while employed, successfully sue the employee for the recovery of the severance funds?
Yes, says the Court of Appeal for Ontario in the case of York University v. Markicevic, 2018 ONCA 893 (CanLII).