Top ten lists invariably reflect themes and ideas of personal interest to the author. That is especially true in this collection, as 2024 was a year in which no employment law cases were heard at the Supreme Court, and few cases were, in my view, entirely groundbreaking.

With that said, here is an unapologetically subjective list of the 10 most notable developments in employment law this year.

1. The invalidity of termination clauses

The case of Dufault v. Ignace put the finishing touch on the enforceability of most employment contracts. The contract stated that, subject to certain payments, an employer could terminate an employee in its “sole discretion” at “any time.” Since there are statutory periods when an employee is protected from dismissal, this language was held to render the entire termination provision unenforceable, consistent with the Ontario Court of Appeal’s rulings that any contract which could potentially violate the Employment Standards Act in any respect vitiates the entire termination provision.

This contract was also invalid because it provided that the employee would only be paid salary during the termination period provided. However, the ESA requires “regular wages” be paid during the statutory notice period, which can include commissions, vacation pay, bonuses and other remuneration in addition to the base salary.

Of note to employers, one or more of the violative provisions in this contract are found in most Canadian employment contracts. As a...

Read Full Story: https://news.google.com/rss/articles/CBMihwFBVV95cUxPdVRSSU94bDNDWTFEYlppQkpX...