First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

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Clarity on “exceptional circumstances” in reasonable notice

Is there an upper limit to an award of notice/severance? If so, what criteria will Courts use to assess whether it will award reasonable notice in excess of this upper limit? Unless restricted by contract, an employee is entitled to notice of dismissal or, more commonly, pay in lieu.

By | 4 Minutes Read

Decisions clarify the duty to mitigate

Job loss almost always comes as a shock. Many people define themselves by their job — when this disappears, it takes part of their identity. Luckily, job loss does not usually mean an immediate loss of income, since most dismissals involve some financial payment (usually referred to as “severance”).

By | 4 Minutes Read

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.

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Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

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