Wright v. The Young and Rubicam Group of Companies (Wunderman)

2011 ONSC 4720 (CanLII)Decided Termination

Termination Provisions and Reasonable Notice: Young and Rubicam Group Case

Summary

A case regarding the enforceability of termination provisions in employment agreements, specifically whether they comply with the Employment Standards Act (ESA) and the determination of a reasonable notice period for a terminated executive employee. The court applied the Machtinger and Shore principles and the Bardal factors.

Outcome

Termination provisions that exclude benefits or fall below statutory minimums are void under s. 5(1) of the ESA. The reasonable notice period for the executive employee was determined to be 12 months.

Key Factors

  • termination provisions
  • ESA compliance
  • reasonable notice
  • executive employee

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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.