Publication
This year’s Africa Energy Forum presents a unique opportunity for African collaboration
In the rural village of Gwanda, Zimbabwe, a mother walks several kilometres each day to find firewood so she can cook for her children.
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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
In the rural village of Gwanda, Zimbabwe, a mother walks several kilometres each day to find firewood so she can cook for her children.
Publication
Southern Africa is a key focus of attention at the present time, as it faces a perfect storm of an energy emergency due to hydropower generation being severely impacted by reduced water levels due to droughts whilst the demand of its regional miners for clean baseload power rapidly accelerates.
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