Poorly Drafted Employment Agreement Proves Costly

If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.

Probationary Periods and Notice

(c) istock/varaphoto

What exactly does it mean to be “on probation” or in a “probationary period” under Ontario employment law? With respect to an employer’s obligation to provide notice of termination or severance pay, it typically refers to an employee’s first three months of employment during which most employers assume that they do not have any legal obligation to provide such notice; nor must they provide severance. As will be seen, that assumption may be incorrect.

Is Two Weeks Too Little?

Can an Ontario employment contract legally provide that an employer may terminate an employee’s employment without cause provided that the employer provides two weeks pay in lieu of notice.

The legal question is: could the employer enforce this provision to only provide the employee with two weeks pay in lieu of notice?

The short answer is probably not, but like most everything in law, the real answer is, “it depends.”