When a Termination Clause may not be Enforceable

The legal doctrine of “the changed substratum” provides that “…if an employee enters into an employment contract that specifies the notice period for a dismissal, the contractual notice period is not enforceable if over the course of employment, the important terms of the agreement concerning the employee’s responsibilities and status has significantly changed.” This was set out in the decision of MacGregor v National Home Services 2012 ONSC 2042 (S.C.J.). Read more

Duty of Good Faith Owed to Employees?

The Supreme Court of Canada opined in the well know decision of Bhasin on the implied duty of good between contracting parties.  The case was not a pure employment law case – but it likely impacts employment relationships. Read more