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reasonable notice of dismissal

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read March 6, 2015

Contract or gratuitous promise: the need for consideration

Employment lawyers spend a lot of time assessing whether contracts of employment are enforceable or not. The first thing that I check, when I review a contract of employment, is the date. What I'm attempting to determine is whether the contract was signed before or after there was already a verbal agreement in place.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / Compensation and benefits, contracts of employment, core terms of the agreement, difference between a binding contract and a gratuitous promise, employment contract, employment law, gratuitous promise, negotiate an agreement, offer of employment itself should be conditional upon the employee accepting all of the terms and conditions, reasonable notice of dismissal, recruiting process, terms and conditions in the written agreement, verbal agreement, “consideration" as being a requirement of a valid contract

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

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read August 9, 2013

How much termination notice do you give a 70 year old?

Assessing how much notice of termination a particular employee is entitled to is a challenge most employers would like to avoid. As those of you who deal with the issue on a regular basis know, employment standards legislation sets out the minimum amount of notice, but it will almost never be sufficient unless the employee has an enforceable contract that limits them to the statutory amounts. In most cases, the common law will require that an employer provide “reasonable notice”, and though there are many myths, there are no easy ways to determine what is reasonable.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Human Rights, Payroll, Union Relations / 'rule of thumb, age and position, Bardal Factors, canadian employment law, common law, discipline, employees approaching retirement age, employee’s length of service, employment agreement, employment contract, employment law, Employment myths, employment standards, Employment Standards legislation, end of mandatory retirement, inducement, maximum of 24 months of notice, minimum amount of notice, Notice of termination, notice period, Notice periods, one month of notice for every year of service, reasonable notice, reasonable notice of dismissal, secure employment, severance package, statutory amounts, termination, terminations, wrongful dismissal

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