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Court speaks on the enforceability of termination clauses and the mandatory minimums under the Employment Standards Act
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Court speaks on the enforceability of termination clauses and the mandatory minimums under the Employment Standards Act

By November 7, 2016 June 19th, 2019 No Comments

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Generally employees must be provided with the minimum entitlements to notice, benefits and severance in compliance with the Employment Standards Act (ESA) upon termination without cause. If an employee is provided with less than what is required under this legislation due to their employment contract falling below those minimums, or failing to address those requirements altogether (e.g. failing to address the right to benefits continuation), the court will find those employment provisions void, and the employee will be awarded the right to common law pay in lieu of notice, which generally exceeds the legislative minimums. In the recent decision of Oudin, the court provided much needed clarity on this issue. 

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