Publication
Impact of PSR and other financial rules on ownership
An in-depth analysis of the Premier League’s PSR framework, its enforcement and its influence on club ownership, valuations and financial strategy.
Author:
Canada | Publication | February 20, 2025
An Ontario court has delivered yet another unfortunate termination clause decision1. Employers may see articles and blogs once again announcing that a wide range of termination clauses are unenforceable and employees are free to claim expansive damages upon dismissal.
The reality is that the law of employment contract termination clauses is unsettled in Ontario at the moment, and this latest decision merely adds to the uncertainty.
This time around:
The reasoning here was that such language reserves the right to terminate when an employee is subject to legal protections, such as during a statutory leave of absence.
This ruling was made despite the fact the clause in question committed to payment of “any minimum compensation or entitlements prescribed by the Employment Standards Act.” The reasoning here was that “a regular employee cannot be expected to appreciate the difference” between scenarios in which employees are entitled to statutory amounts, and scenarios where they are not.
Both of these conclusions run counter to recent decisions from the same court – the Ontario Superior Court of Justice. Until the Ontario Court of Appeal steps in to resolve this competing case law, employers and employees cannot know whether:
Until we receive clarity, employers should:
Publication
An in-depth analysis of the Premier League’s PSR framework, its enforcement and its influence on club ownership, valuations and financial strategy.
Publication
Now in its sixth year, our annual English Premier League (EPL) football report, Keeping Possession, captures insights from our global sports law team on the key trends and topics shaping the landscape of English football.
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