From an employer's perspective, a properly worded
termination provision addressing what is to be paid to the employee in the event of a termination without cause can result in a very significant saving.
Not exact matches
Until fairly recently, these principles have been interpreted as requiring
termination provisions that specifically oust the common law right to reasonable notice, provide employees with continued benefits, and
address entitlements to severance pay.
This is not the first case which has voided a
termination provision from an employment contract because of a failure to
address benefits.
Where the
termination provisions of existing employment contracts do not explicitly provide an entitlement to benefits during the notice period, employers should seek legal advice on how to best
address such circumstances.
The Services Agreement listed the
provisions that would survive
termination, but did not specifically
address whether the arbitration clause survived
termination.