A termination clause is only enforceable if it conforms to the provisions of the Employment Standards Act, 2000 (“ESA”). If the clause’s application “potentially” violates the ESA in the future, it is void. The issue of enforceability of termination clauses does not cease to vacillate....
The issue of enforceability of a termination provision is one of the most frequently litigated areas of employment law. The enforceability of such provisions turns on their wording, the purpose and language of the Employment Standards Act, 2000 (ESA), and jurisprudence on interpreting employment agreements,...
In the domain of employment law, a fundamental common law principle is that a contract of employment for an indefinite period is terminable only if reasonable notice is given. This principle does not apply to fixed-term contracts. At the conclusion of a fixed-term contract, employees are...
Written employment contracts are relationship management tools. Their goal is to provide certainty of the terms of employment. If an employment contract fails to conform to the provisions of the Employment Standards Act, 2000, it will be invalidated. A recent case in point is Garreton...
Modifications to contracts have traditionally encountered problems of enforceability, because of the requirement that enforceable promises must be given for consideration. Consequently, dismissed employees often challenge the enforceability of their employment contracts, a trend that shows no signs of abating. A case in point is...