Sentences with phrase «common law entitlements on»

In Wood v. Fred Deeley Imports Ltd, the Ontario Court of Appeal has provided further insight into the factors that will be considered in determining whether an employment contract is enforceable, and thus properly limits an employee's common law entitlements on termination.

Not exact matches

At the same time, Rose says there is plenty that we don't know, such as whether or not it is safer for employers to use fewer words in a termination clause and avoid all - inclusive language, and whether, for public policy reasons, future court decisions will put an onus on employers to make clear to employees the differences between ESA entitlements and the common law before they sign ESA - only contracts.

On the facts of the case, the Court found that there was no ambiguity and the parties intended and agreed to displace the common law notice entitlement.

It's not news that employers can not rely on independent contractor language in their agreements to later avoid providing reasonable notice of termination or other common law entitlements.

The parties do not have to literally state that they have «agreed to limit an employee's common law rights on termination» as long as their intention to displace the entitlement to common law reasonable notice is evident.

Instead, his entitlements must be calculated on the basis of the common law.