Cook v Hatch Ltd.

2017 ONSC 47 (CanLII)Decided Employment standards

Employment Standards Act: Validity of Termination Clauses and Severance Pay

Summary

A court case examining the validity of a termination clause that limits notice to the statutory minimum under the Employment Standards Act (ESA). The court also considered whether silence in the clause regarding severance pay and benefits constitutes an attempt to contract out of ESA obligations. The clause was upheld as valid where it did not contravene ESA minimums.

Outcome

Termination clause valid where it does not contravene ESA minimums

Key Factors

  • termination clauses
  • severance pay
  • Employment Standards Act compliance

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.