Not exact matches
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Quoting an earlier case, the
Employment Appeal Tribunal said that it was the Tribunal's right and
obligation «to decide what the context is... it may be a mistake to focus
upon a remark in isolation.
However, even with the rise of
employment agreements, it is not uncommon for employees to shirk their legal
obligations upon the cessation of the
employment relationship.
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.
The legal
obligation to make employee whole during the notice period can be modified if the employee's
employment contract provides for another period of notice will be provided to the employee
upon termination of
employment.
A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an
employment agreement provides for a stipulated sum
upon termination without cause, and is silent as to the employee's
obligation to mitigate, the employee will not be required to mitigate.
To put it another way, I do not see any justification, on the evidence before me, for not imposing
upon Mr. Young the same
obligation to seek
employment as would apply to a payor spouse whose
employment contract has been terminated through notice.
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