Fairness in Firing Examining recent principles and rising damages in bad faith termination

Decisions from across Canada reflect developments in how courts assess and interpret termination clauses, the duty to mitigate, damages, reasonable notice periods, and human rights violations. In this webinar, experts discuss caselaw from across the country, addressing the following questions:

• How have courts in Ontario applied the ONCA’s decision in Waksdale v. Swegon North America Inc. as it pertains to the enforceability of termination clauses in employment contracts? What lessons can employers take from Waksdale‘s recent application in other Ontario decisions? How have other provinces approached the enforceability of termination clauses?

• How have courts assessed reasonable notice periods? How has the impact of the COVID-19 pandemic on reasonable notice periods evolved in the last three years?

• Does certain employee conduct warrant termination? In what circumstances have courts upheld termination in recent cases?

• What considerations do courts make when it comes to an employee’s duty to mitigate damages?

• What is “quiet firing”? Can employers be held liable for “quiet firing”?

• Does recent caselaw suggest a trend towards granting awards of punitive or aggravated damages in situations where employers do not act in good faith, or where employers fail to meet statutory obligations during termination?

• What policies, procedures, or practices can employers adopt to ensure they are meeting the duty of good faith and fair dealing when it comes to terminations?