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In A Flash

Ontario Court of Appeal shifts the focus away from “adequacy” of consideration in employment agreements

In Giacomodonato v. PearTree Securities Inc., 2024 ONCA 437, the Court of Appeal upheld the lower court’s decision that there was fresh consideration for the plaintiff’s second employment contract and confirmed that courts are concerned with the existence rather than the adequacy of consideration. Therefore, the second employment contract was enforceable and governed the plaintiff’s entitlements on the termination of his employment.

In A Flash

Ontario’s Top Court Upholds Termination of Unvaccinated Worker

In a recent case, the Court of Appeal confirmed that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. There was, therefore, no obligation for the employer to provide notice of termination or pay in lieu of notice. The Court confirmed the motion judge’s findings, accepting that in the circumstances, all requirements for frustration had been met.

In-Depth Analysis

Employers’ Advisor December 2021

In this issue: Drafting an Enforceable Mandatory Vaccination Policy, Enforceability of Termination Clauses in Employment Contracts and Employment in the Gig Economy.

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Ontario Court of Appeal shifts the focus away from “adequacy” of consideration in employment agreements

Ontario’s Top Court Upholds Termination of Unvaccinated Worker

Employers’ Advisor December 2021

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