Nemeth argued that the motion judge had erred in finding that the contract excluded the right to
claim common law reasonable notice, and that the termination clause was void, as it purported to contract out of the minimum statutory entitlement to severance pay.
Not exact matches
The employee brought a wrongful dismissal
claim against her former employer,
claiming entitlement to
reasonable notice at
common law.
However, where an employer prematurely
claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to
common law reasonable notice as well as damages for a breach of the Code.
Following his dismissal in 2015, Mr. Krishnamoorthy brought a summary judgment motion
claiming that his employment agreement was void for lack of consideration and that he was entitled to
common law reasonable notice.