S01E11 - Is Your Employment Contract Void? The Post-Waksdale Reality

In this deep dive, we explore the chaotic landscape of employment law in Ontario, specifically focusing on the enforceability of termination clauses in 2026. Based on legal insights from HTW Law, we break down how a series of watershed court rulings have made it nearly impossible for employers to draft "bulletproof" termination provisions. Topics Covered in This Audio:The Waksdale Effect: How Waksdale v. Swegon North America Inc. established that if any part of a termination provision violates the Employment Standards Act (ESA), the entire clause is void—even if the illegal part wasn't used. "Just Cause" vs. Wilful Misconduct: An analysis of Render v. ThyssenKrupp Elevator, which clarifies that common law "just cause" is not enough to deny ESA entitlements; the conduct must be "wilful misconduct," a standard bordering on criminal intent. The "Sole Discretion" Trap: Insights from the 2025 case Chan v. NYX Capital Corp., showing that phrases like "terminate at sole discretion" can invalidate a contract because they theoretically allow termination during protected leaves. Saving Provisions: Why courts in cases like Boyle v. Salesforce (2025) are rejecting "saving clauses" that attempt to fix illegal language after the fact, while Li v. Wayfair (2025) offers a glimmer of hope for specific drafting. The 2026 Outlook: Why recent rulings suggest that unless an employment contract is "flawless" in its ESA compliance, courts will default to common law reasonable notice.Don't guess about your rights. Listen now to understand the strategy behind the jargon.Learn More by reading the full article at https://www.htwlaw.ca/post/terminatio...Contact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfj Spotify Audio Podcast = https://open.spotify.com/show/1hXtx9h...Apple Podcast = https://podcasts.apple.com/us/podcast...#EmploymentLawOntario #WrongfulDismissal #TerminationClauses #WaksdaleVSwegon #SeverancePayCanada #ESAWilfulMisconduct #JustCauseTermination #RenderVThyssenKrupp #HRLawUpdate2026 #EmploymentStandardsAct #LegalDeepDive #ContractEnforceability

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Jaksot(25)

S01E25 - Forced Back to the Office - The Hidden Legal Trap of RTO Mandates and Constructive Dismissal

Are you being ordered back to the office after successfully working from home for years? This deep dive breaks down the complex legal reality of Return to Office (RTO) mandates in Canada and explains ...

4 Loka 26min

S01 E24 - Is Your Promotion a Trap - Unpaid Overtime & Employment Law Explained

Getting promoted to manager often feels like crossing a finish line, but that flat salary can quickly become a legal trap designed to avoid paying you overtime. In this deep dive into Canadian employm...

30 Elo 22min

S01E23 - Fired in Canada - Why Your Industry Changes Your Legal Rights

Imagine getting called into your boss's office on a random Tuesday and getting unfairly fired. Your first instinct? Sue them! But in Canada, the rules completely change depending on who signs your pay...

23 Elo 27min

S01E22 - Fired for Starting a Union - The Hidden Legal Trap

Fired for whispering the word "Union"? Here is the ultimate legal deep dive into what happens next.In this episode, we unpack the intense, high-stakes legal collision between an employer's right to ma...

18 Elo 23min

S01E21 - AI, Drug Charges, Perceived Disability - Why a Routine Background Check Could Cost Your Company Millions

Think firing an applicant over a federal drug charge uncovered during a background check is a safe bet? Think again. In this deep dive, we break down the complex and often counterintuitive landscape o...

4 Elo 22min

S01E20 - Fired After Relocating - Ultimate Guide to Wrongful Dismissal and Inducement

Did you leave a secure, long-term job for a massive new opportunity... only to get fired months later? You aren't out of luck.In this deep dive, we unpack the legal minefield of executive recruitment,...

3 Elo 25min

S01E19 - The Ultimate Guide to Executive Severance Packages in Ontario

Title: Why "Iron-Clad" Corporate Contracts Fail in Ontario: Executive Severance Explained Description: In this deep dive, we explore the highly chaotic and lucrative battlefield of executive severance...

25 Heinä 27min

S01E18 - Why a Missing Comma Costs Employers Millions - Ontario Employment Law 2026

Title: Why a Missing Comma Costs Employers Millions | Ontario Employment Law 2026Description:Imagine an office building collapsing because a single screw was removed on the 12th floor. In the highly r...

25 Heinä 19min