Well-drafted termination clauses in employment contracts can offer significant leverage during negotiations in court. Andrew Bratt, leader of Gowling WLG's Employment, Labour and Equalities Group, recently spoke to Canadian HR Reporter to discuss the case Bertsch v. Datastealth Inc. where such a clause was upheld, highlighting that precision and compliance with the Employment Standards Act, 2000 (ESA) are key.

"Our courts tend to be incredibly employee-friendly, and they will often bend over backwards to try to invalidate termination provisions on the basis of ambiguity or invalidity," said Andrew. "If a termination clause isn't crystal clear, if on its face you do not understand what it's saying, then the courts…have said it must be struck."

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