ABM Canada countered that the employment contract clearly set out Miller's
entitlements upon the termination of employment and that Miller was entitled only to the payment of two weeks of salary, the six - per cent pension contribution and two weeks of car allowance.
Not exact matches
In June 2002, the employer sent the employee a new contract that reduced the employee's
entitlement upon termination from two years» pay to three weeks» notice or pay in lieu
of notice for each year
of employment, to a maximum
of thirty weeks.2 The employee refused to sign the new
employment contract.
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.
We also include a short review
of a recent decision
of the Ontario Court
of Appeal that underscores the importance
of having properly drafted
employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum ent
employment contracts if you are trying to limit your obligations
upon termination to an employee's
Employment Standards Act, 2000 minimum ent
Employment Standards Act, 2000 minimum
entitlements.
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.
Upon termination, Mr. Di Tomaso was provided with 26 weeks
of severance, his minimum statutory
entitlement pursuant to the
Employment Standards Act, 2000 (the «ESA»).
The Supreme Court
of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an
employment contract contains a
termination clause that provides an employee with an
entitlement upon termination other than reasonable notice, that
entitlement must be at least equal to the employee's minimum notice and severance
entitlements as set out in the ESA.
The Supreme Court
of Canada held in Machtinger v. HOJ Industries Ltd5 that if an
employment contract contains a
termination clause that provides an employee with an
entitlement upon termination other than reasonable notice, that
entitlement must be at least equal to the employee's
entitlement pursuant to the ESA.
With respect to
entitlement on
termination of employment, the
employment contract provided as follows for a without - cause
termination: Regular employees may be terminated at any time without cause
upon being given the minimum period
of notice prescribed by applicable legislation, or by being paid salary in lieu
of such notice
of as may otherwise be required by applicable legislation.