Waksdale and reading termination provisions together

In Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal held that the termination provisions had to be read together. An unlawful for-cause provision affected the employer's ability to rely on the without-cause provision, even though cause was not alleged.

The employer had dismissed Mr. Waksdale without cause and relied on the clause dealing with that situation. It accepted that a separate for-cause provision was unlawful but argued that the provision should not affect the clause actually used. The Court rejected reading the termination scheme in that isolated way. The significance is the relationship between the provisions and statutory minimum standards, not a rule that every unrelated part of the employment agreement necessarily disappears when a termination provision fails.

The Court did not declare that every employment agreement is wholly void. It returned the matter for determination of damages after finding the termination provisions unenforceable. For an Ontario employee or employer, the practical lesson is to review the complete termination scheme rather than one paragraph quoted in a letter. Current decisions and the actual wording still matter. Do not calculate entitlements from this case alone or assume every contract with different language receives the same result.

For a current assessment, provide every termination-related clause, schedule, amendment, and relevant employment document. Do not rely on a screenshot of the paragraph quoted in the employer's letter. Ask how the actual language operates under current law and whether a different wording or statutory provision changes the analysis. The case does not supply a damages calculation or replace review of employment length, compensation, mitigation, and other relevant circumstances. An appropriate scope and forum assessment should follow before a claim is issued, especially where the amount or complexity calls for an employment lawyer.

Sources

• Waksdale v Swegon North America Inc 2020 ONCA 391 court reasons
• Ontario guide to termination of employment

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.