severance pay entitlement

Small claims court rules termination clause that violates ESA in future is unenforceable

April 14, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

This decision is another reminder to employers to ensure that termination clauses provide for all entitlements prescribed by the Employment Standards Act in order for them to be considered valid and enforceable. The company in this case should never have carved out its obligation to provide statutory Severance Pay.

common law, contracting out of the minimum standards, employment contracts, employment law, ESA entitlement, Notice of termination, ontario employment standards act, Payroll, Severance pay, severance pay entitlement, statutory severance pay, termination clauses, termination pay, Termination provisions