An employer must pay a worker who was fired after 4.5 months of service two months’ pay plus $10,000 in punitive damages for unenforceable termination provisions and “a marked departure from ordinary standards of decent behaviour” after dismissing the worker, an Ontario court has ruled.
“There have been a lot of changes [in the law] over the last few years with respect to termination clause enforceability and there were some pretty major changes in Spring 2020,” says Aleksandra Pressey, a lawyer and workplace investigator at Williams HR Law in the Greater Toronto Area.
“It’s possible that, given the written offer of employment was provided to the worker on June 4, 2020, the employer may not have been aware of some of those developments – but it’s a good reminder to have employment agreements updated on a regular basis.”
