It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual's entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.
Recent court decisions changed how the law applies to employment contracts, most importantly terminations, but also off-duty conduct, consideration and restrictive covenants. Important lessons from the changes are that employers need to review their employment contracts, you can update them or change their terms while complying with the law, and failing to do so can damage your organization's finances and reputation.
The three most viewed articles on HRinfodesk this week deal with an updated version of the 2014 compensation forecast; how the principle of a pay cut without consideration prevails; and the termination of an impaired employee despite mitigating factors.