Sentences with phrase «enforceable termination»

While on the one hand this is yet another example of a termination clause being struck down by the courts as ambiguous, it is also a case employers should receive warmly, as it suggests they will not have to pay the balance of a fixed - term contract in every case where there is no enforceable termination clause.

If the individual decides to accept an offer of employment that contains an enforceable termination clause the individual should at least understand what he or she is signing up for.

Termination Clause Enforceability: Ontario Court of Appeal attempts to clarify enforceable termination clauses in employment contracts

An employee will be entitled to reasonable notice of dismissal unless his or her termination clause contains an enforceable termination clause that limits his or her entitlement to the minimum set out in the ESA.

Zoomermedia provides an important reminder for employers to draft clear and enforceable termination clauses from the outset.

The Ontario Court of Appeal held in Howard v Benson Group Inc. 4 that an employee who has been dismissed prior to the end of the fixed term will be entitled to the wages and benefits he or she would have received to the end of the fixed term unless the employment contract contains an enforceable termination clause that specifies a pre-determined notice period in the event of early termination.

From an employer's standpoint, because fair severance can become very costly, the safest thing to do is have an employment lawyer draft an agreement with a legally enforceable termination clause.

In these circumstances, the issue would have become his notice entitlement upon termination, and in the absence of an employment agreement with an enforceable termination clause that limited it, Simoes» notice entitlement could have been quite substantial.

While an enforceable termination clause is a powerful tool for employers to manage risks involved in terminations, over the years, courts have closely scrutinized the enforceability of such clauses, often frustrating employer's intentions.

When an employee is fired, without cause, the answer to how much severance pay is owed can be very simple if there is a valid and enforceable termination clause in an employment contract.

While the ruling in Wood is not a clear «win» for employers, it is helpful in that Ontario employers now have much needed guidance on the language necessary to draft enforceable termination clauses.

For employers with the motivation to diminish the amount of severance paid, better yet, to a mediocre employee, I offer the following eight tips to ensure a valid and enforceable termination provision.

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

Not exact matches

Firstly, the degree to which the employer unilaterally alters an employment contract may play a factor in determining whether the agreed upon termination clause is still enforceable.

This right of termination for non-payment, subject to adequate notice, is also prevalent in Japan, where a contract is generally enforceable in accordance with its written terms.

This issue may have greater repercussions when examining a termination clause in an employment agreement, which requires full compliance with Ontario's minimum standards to be enforceable.

The Court then considered a severability clause in the contract, upon which the employer relied to have the offending language removed, thus rendering the termination clause enforceable.

There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required termination provisions to mention benefits in order to be enforceable.

The Motion Judge dismisses the Appellant's motion (finds the employment agreement / termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9 months reasonable notice.

Canac should have entered an enforceable agreement with the Keenans with a specific provision for notice upon termination.

The motion judge found both the contract generally and the termination clause specifically to be enforceable.

Many written employment contracts have termination clauses that are invalid or not enforceable.

Given the significance of termination and restrictive covenant clauses it is advisable that employers ensure that clauses in their employment contracts are not only clearly drafted but will be enforceable in the jurisdiction (i.e. Ontario) where the employee will be working.

The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no enforceable provision for early termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.

As a result, the employee will be entitled to reasonable notice of dismissal which, in most cases, will result in the employer providing a severance package that is far greater than what the employee would have be entitled if the termination clause was actually enforceable.

This case therefore exemplifies the importance of implementing clear, enforceable written employment agreements containing important clauses that set out the respective rights and obligations of the employer and employee, such as clauses pertaining to probationary periods and entitlements upon termination.

Given the many developments in this area over the last year, including the various pronouncements related to this issue by the Ontario Court of Appeal, employers that have not already done so would be well advised to turn their minds to ensuring that their termination clauses in employment agreements for existing and new employees are enforceable and will achieve the desired result on termination of employment.

have the employment contract reviewed by an employment lawyer to determine if the termination clause is legally enforceable.

if the termination clause is enforceable and the employer will not agree to its removal consider refusing the job offer.

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

Another option is to have the employment contract reviewed by an experienced employment lawyer to determine if the termination clause is enforceable.

Clare Raven, Partner in Hadef & Partners» Dispute Resolution team, questions whether distribution arrangements that are not detailed in a written distribution agreement are valid and enforceable, and whether compensation is payable upon termination.

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.

[47] I turn first to the issue whether the termination provision in the Employment Agreement was enforceable, given that it was signed nine months after the appellant commenced employment pursuant to the Offer Letter, which said nothing about notice of termination.

To the point, can a trial judge use a severability clause to excise the offending portion of a termination provision, keeping the remainder of such provision enforceable?

One commenter recommended that the protection apply more widely, including for States that have policies related to termination of coverage, like «free look provisions,» Start Printed Page 10801that may not be law but that are otherwise enforceable by the State.

The appeals court determined that a liquidated damage clause is enforceable only if the parties agree in advance to the amount of the damages, the damages bear a relationship to the monies lost through the contract termination, and the actual damages might be uncertain and difficult to prove.

Some courts have held that statements in policy manuals on termination procedures can constitute a legally enforceable contract with your salaried employees.