In this webinar, Ontario employment lawyer Marty Rabinovitch examines whether an employee’s level of sophistication plays a role in determining the enforceability of a termination clause in Ontario. Under the Employment Standards Act (ESA), minimum entitlements for notice and severance are mandatory, and employers cannot contract out of them. If any part of a termination provision offers less than what the ESA requires, courts may find the entire termination clause invalid.

He reviews the significance of this principle through the lens of leading case law. In Rahman v. Cannon Design, the court upheld the employer’s termination clause, influenced by the employee’s senior position, legal support, and negotiation history. However, subsequent cases like Waksdale v. Swegon North America, Livshin, and Campbell-Givens reached the opposite conclusion. These decisions emphasize that enforceability must be determined by the language of the contract itself, not by the employee’s experience or access to legal advice.

Although Rahman has been viewed as an outlier, the contrast between these decisions highlights the ongoing uncertainty surrounding termination provisions in Ontario. This webinar outlines why precise contract drafting remains essential, particularly when limiting notice entitlements to ESA minimums.

Marty Rabinovitch heads the employment law group at Devry Smith Frank LLP (DSF). Marty’s practice focuses on representing employees with respect to issues that arise in the workplace. He regularly advises employees with respect to employment contracts, discrimination, harassment and workplace violence issues, termination and constructive dismissal, severance package negotiations, human rights issues, workplace bullying and harassment, disability and employment insurance matters.

For further information or assistance with employment law, please contact employment lawyer Marty Rabinovitch at marty.rabinovitch@devrylaw.ca or call 416-446-5826.