The agreement contained
the following termination clause, which was the main issue in the dispute:
In Bellini v. Ausenco Engineering Alberta Inc. 4 the court found
the following termination clause, although not void, did not rebut the presumption of reasonable notice of dismissal:
In the 2015 decision Carpenter v Brains II, Canada Inc. 14 Justine Stinson found
the following termination clause to be unenforceable:
The terms and conditions of Ms. Stevens» employment were contained in an offer letter that included
the following termination clause:
Not exact matches
The Respondent's actual conduct
following the Appellant's
termination was not determinative of the outcome — good employer behaviour can not remedy an otherwise illegal / unenforceable
termination clause.
Clauses in employment agreements that preclude an employee from competing with the employer
following termination of employment will be struck down as an unlawful restraint on trade and contrary to public policy, unless they can be justified on the basis of reasonableness.
In addition, the Court of Appeal held that the
clause said nothing about benefit contributions, and held that the fact that the employer made contributions
following termination should have no bearing on whether the
termination clause itself contravenes the ESA.
In its defence, Deeley argued that the 21 weeks of combined «notice» and «pay in lieu thereof» provided to Wood
following her
termination exceeded her entitlements under the ESA and that the
termination clause was broad enough to include both wages and benefits.
A
termination clause in that agreement provides as
follows: (more...)
In finding that the motion judge erred in concluding that there was no consideration for the
termination clause and that therefore the
clause was invalid, the Honourable Justice Sarah E. Pepall wrote the
following on behalf of the Court of Appeal:
Take the
following clause from an employment contract: If and whenever required to do so (whether during or after the
termination of this Contract), you shall at the expense of the Company (or...