common law rights on termination

Lack of clear warning voids termination provision

July 5, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

common law rights on termination, common law termination notice, employee entitlements upon termination without cause, employment agreements, employment law, termination, termination provision

Commitment to “comply with statute” not enough to displace common law rights on termination

February 16, 2018 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

This decision serves as an important reminder to employers to draft clear and enforceable termination provisions in order to avoid unanticipated liability upon termination. In particular, the Movati decision confirms that should an employer want to limit its obligations upon termination to the minimum entitlements required by statute, it is necessary to include clear words of limitation.

common law rights on termination, employment law, termination, Termination provisions, wrongful dismissal