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employee’s notice entitlement

By Alison J. Bird | 2 Minutes Read October 20, 2015

Court finds extraordinary circumstances justify 30 months’ notice

The dismissal of a long-term employee who is entitled to common law reasonable notice can result in significant liability for an employer. As the determination of the appropriate notice period is contextual, it can be difficult for an employer to accurately assess their potential liability.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / common law notice, common law reasonable notice, dismissal of a long-term employee, employee’s notice entitlement, employment law, notice period, termination, terminations

By Alison J. Bird | 3 Minutes Read December 9, 2013

Lessons from the mistakes of others: Reliance on an unenforceable termination clause is costly

A recent judgment of the New Brunswick Court of Appeal has once again affirmed the importance of carefully drafting termination clauses in employment contracts. In this case, the Court upheld a trial judgment that a termination clause which purported to limit the employee’s notice entitlement to 20 days was not enforceable.

The Court of Appeal’s decision begins with the following useful overview of the legal principles applicable to a termination without cause:

 Every person employed for an indefinite period is entitled to reasonable notice of dismissal, unless the dismissal is for just cause or the parties previously settled upon a notice period, which is authorized by the Employment Standards Act, S.N.B. 1982, c. E-7.2. Where the dismissal is without cause and the employment contract is mute on the length of notice required, or if the employment contract provides for a notice period that is short of the minimum prescribed

… Continue reading “Lessons from the mistakes of others: Reliance on an unenforceable termination clause is costly”

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / carefully drafting termination clauses in employment contracts, common law, common law reasonable notice period, compensation in lieu of reasonable notice, dismissal for just cause, duty to mitigate, employee’s notice entitlement, employment contracts, employment relationship, employment standards act, limit the employee’s notice entitlement, minimum notice requirements of the Employment Standards Act, minimum statutory standards, notice of resignation, Notice of termination, notice period, reasonable notice, reasonable notice of dismissal, severance package, termination clauses, termination without cause, unenforceable termination clause

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