In a recent decision, the Ontario Court of Appeal confirmed what a few employment counsel had been saying all along. The standard for withholding statutory payments is wilful misconduct. This is a higher threshold than cause at common-law. Employment agreements that reference cause in the termination sections are largely unenforceable because they provide a lesser right than that required by statute. The result is that most non-unionized employees in Ontario are entitled not only to their statutory payments but to the greater payment in lieu of notice required at common-law. If your termination letter only makes payments by reference to the terms of an employment agreement get excellent advice. We can assist.
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Chris Robertson, B.A., LL.B.
Chris Robertson, B.A., LL.B.