The court did not elaborate upon this aspect in detail, which leaves uncertainty as to whether such a provision
saves termination clauses under any instance of constructive dismissal.
Not exact matches
Also, he writes, «if any part of a
termination clause violates the ESA, the entire
clause is illegal and a severability provision will not
save it.»
If any part of a
termination clause violates the ESA, the entire
clause is illegal and a severability provision will not
save it.
In October, the Ontario Court of Appeal once again considered the enforceability of
termination provisions, deciding that a severability
clause in an employment agreement will not
save a
termination provision that provides the employee with less than the minimum ESA entitlements.