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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:02, 27 September 2022
, 21:02, 27 September 2022→d) Employment Standards Cap Severance Clauses and Enforceability
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Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. See ''Alsip v Top Rollshutters Inc. dba Talius'', 2016 BCCA 252, https://canlii.ca/t/gs477. | Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. See ''Alsip v Top Rollshutters Inc. dba Talius'', 2016 BCCA 252, https://canlii.ca/t/gs477. | ||
==== d) Employment Standards | ==== d) Employment Standards Severance Clauses and Enforceability ==== | ||
Many employers enter into written employment contracts that purport to allow the employer to dismiss the employee without cause by providing only the Employment Standards Act minimum severance. These clauses will often be enforceable. However, some arguments are available to attempt to have these ESA severance termination clauses unenforceable. | Many employers enter into written employment contracts that purport to allow the employer to dismiss the employee without cause by providing only the Employment Standards Act minimum severance. These clauses will often be enforceable. However, some arguments are available to attempt to have these ESA severance termination clauses unenforceable. | ||
==== e) Termination Clause Does Not Meet ESA Minimums ==== | ==== e) Termination Clause Does Not Meet ESA Minimums ==== | ||