Court of Appeal rules that unenforceable “for cause” termination clause renders separate “with notice” termination clause void

The recent Ontario Court of Appeal decision of Waksdale v. Swegon North America Inc, saw a lower court’s decision overturned on the matter of enforceability and severability of termination clauses. The court held that an unenforceable “for cause” termination clause rendered all termination provisions in an employment agreement void, irrespective of whether or not the termination provisions are separated within the agreement. Facts On October 18, 2018, the plaintiff, Benjamin Waksdale was terminated without cause, and subsequently brought an action for wrongful dismissal. The plaintiff’s employment contract provided...

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