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notice entitlement

By Vey Willetts LLP | 4 Minutes Read September 16, 2022

Termination clause update: ousting the common law and the danger of fixed penalties

A "termination clause" is a type of contractual term which specifies entitlements owed to a worker at the end of their employment. They come in many different shapes and sizes. Whatever the construction, the usual motivation for employers in drafting termination clauses is to control costs and provide for certainty at the end of the employment relationship.

Article by Vey Willetts LLP / Employment Standards, Payroll / common law entitlement, confidential information, conflict of interest clause, employment contract, employment law, fixed penalties, notice entitlement, reasonable notice, severance, termination, Termination clause Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read August 22, 2022

“60 days or more written notice” means reasonable notice with a floor of 60 days, not a ceiling of 60 days

In Bryant v Parkland School Division, 2022 ABCA 220, the Justices considered the meaning of the following termination clause:

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / common law notice, employment contract, employment law, notice entitlement, reasonable notice, termination, written notice Leave a Comment

By Earl Altman | 5 Minutes Read April 16, 2014

Contracting out of the Ontario Employment Standards Act

The Employment Standards Act in Ontario is legislation designed to protect the rights of all workers in the province. Under section 3, the Act specifies that it applied to any employee in the Province of Ontario, or any employee who is performing work outside of Ontario that is “…continuance of work performed in Ontario.” The Act contains numerous protections for Ontario employees, such as limiting the maximum hours of work in a week, providing an entitlement to overtime pay, and creating entitlements such as parental leave, vacation and personal leave. The Act also provides for the employee’s rights in the event of a termination of employment. Many employers have perceived these entitlements as onerous in some circumstances. In order to attempt to avoid such payments, or other obligations under the Act, employers have sought to have employees sign contracts containing provisions which purport to surrender the employee’s rights under the Act. This is generally referred to as “contracting out”.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / common law notice, contract out of the Act, Dismissal, employment contract, employment contracts, employment law, employment standards act, Employment Standards Act entitlement, enforceability of such clauses, evidence of the parties’ intentions, notice entitlement, summary judgment, terminated without cause, termination, termination and severance pay, termination clauses, termination pay, Termination provisions, terminations, total compensation

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