Not exact matches
For example, if an employment contract provides for less than the statutory minimum entitlements that result
from terminating employment, then the employer will become liable for payment in lieu of
reasonable termination
notice at
common law — often far exceeding the statutory minimums.
In Markoulakis v SNC - Lavalin Inc., the Ontario Superior Court of Justice concluded after considering the Bardal factors that long - serving employee Eftihios (Ed) Markoulakis was entitled to 27 months of
common law reasonable notice following his termination
from a senior role at SNC - Lavalin.
The
law says that such earnings must be deducted
from the award of
common -
law pay in lieu of
reasonable notice; to not do so, essentially out of compassion, is to err.
By superseding the
common law entitlement to damages in lieu of
reasonable working
notice, the contractual severance clause protects the employer
from liability in these enticement or inducement situations.