An employer’s mistake as to its legal obligations can invalidate a contractual termination provision.
In Perretta v. Rand A Technology Corporation, 2021 ONSC 2111 (CanLII), Justice Andrew A. Sanfilippo held that an employer’s refusal to pay its former employee the two weeks to which she was contractually entitled—unless she first signed a full and final release, constituted a repudiation of the employment contract, thereby entitling her to common-law damages.
