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Employment Contracts, Severance Pay Kevin Patrick Robbins Employment Contracts, Severance Pay Kevin Patrick Robbins

Fixed Term Contract Costs Employer $497,000.00+

Most employment contracts operate for an indefinite period. Lesser seen are fixed term agreements. The latter are most often used in the context of a sale of business and in the not-for-profit sector (where funding is frequently tied to time-limited grants). Regardless of their underlying motivation, fixed term contracts come with significant risks for employers.

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Severance Pay, Wrongful Dismissal Kevin Patrick Robbins Severance Pay, Wrongful Dismissal Kevin Patrick Robbins

In the Eye of the Beholder: Job Titles, Character of Employment and Severance

When Ontario courts assess whether an employee has been wrongfully dismissed, they often start by referencing the 1960 decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC).

Bardal directs courts to consider several factors specific to the employee when determining appropriate severance, including: 1) character of the employment; 2) length of service; 3) age at the time of termination; and 4) availability of similar employment.

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Severance Pay, Wrongful Dismissal Kevin Patrick Robbins Severance Pay, Wrongful Dismissal Kevin Patrick Robbins

North v. Metaswitch Networks: Ontario's Top Court Confirms the Correct Approach to Employee Severance

A recent decision from Ontario's Court of Appeal, North v. Metaswitch Networks Corporation, confirms how the courts in our province will assess an employee's severance entitlement where his/her employment was governed by a written agreement that includes a termination provision.

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