In a recent decision, the Ontario Divisional Court stated that the following termination clause was not effective in dismissing the presumption of delay in disclosure on the common law: it is well established that a promise to implement an existing contract is not a consideration. To support changes in employment conditions, new thinking, such as wage increases, is needed. It is customary today for employers to include redundancy clauses in their employment contracts in order to reduce their termination costs. As a general rule, the termination clause allows the employer to terminate the worker`s employment by making available to the worker a set of severance pay that is significantly less than that of the employer who was obliged to give reasonable notice to the worker. However, a redundancy clause has the advantage of guaranteeing a worker`s rights in the event of dismissal. Execution – an agreement is terminated when all parties involved have fulfilled their obligations under the agreement. Breach of contract – if one of the contractors fails to meet his contractual obligations, it is an offence. As a result, the non-infringing party is allowed to recover its losses. If you have doubts about the validity of your employment contracts, it is important that you go to an employment law specialist. Our team is happy to help you understand your rights and obligations and to ensure that your termination clauses are clearly applicable. The aim is to provide individuals with appropriate information about their future dismissal or payment. Ontario courts determine what is “reasonable” by taking into account a number of factors, including (but not limited to): an individual`s age, employer tenure, nature of work, and availability of comparable employment.
Almost all employment contracts have some of the same elements. These include the date the employee starts with the company, the employee`s salary level, and the benefits the employee must receive. These enforceable agreements can take many forms. In addition, employers can ask all workers to sign the same form of contract or the employer may choose to establish a single contract for each worker to take into account certain conditions of employment. Termination clauses are often used in master-swap contracts, for example.B. In this case, they define certain circumstances in which a party is no longer financially able to complete the swap transaction. Most redundancy clauses restrict an employee`s right to meet the statutory minimum – one week`s notice for each year of service, up to a maximum of eight, in accordance with the Ontario Employment Standards Act. To be legally applicable, a termination clause in an employment contract must contain a language that can clearly dispel the presumption of delay that common law rights apply between the parties in the event of dismissal. When this issue is most common, employers strive to adopt minimum employment standards (for example. B in terms of severance pay) by simply referring to the status.
Just think of the situation in which an employment contract defines rights in the event of dismissal as “current labour law.”