Safety & HCM Post

Contract’s Termination Notice Limit Not Clear Enough to Enforce

Getting a court to enforce a contractual limitation of notice payable to an employee in the event of termination without cause remains an uphill climb. The employment contract in this case included 4 different paragraphs purporting to limit termination notice to the minimum required by the ESC. But the court said the language still wasn’t clear enough to take away the employee’s rights to “common law notice,” i.e., notice beyond the statutory minimum. The contract said termination notice would “accord with” the ESC, not that it would be limited to that amount, the court explained. The Alberta Court of Appeal found no mistake in the lower court ruling and let it stand [Holm v AGAT Laboratories Ltd, 2018 ABCA 23 (CanLII), Jan. 19, 2018].

Bongarde Editorial

Bongarde Editorial

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