Yet another reminder on the importance of careful drafting of termination clauses…
By Jeff Mitchell
As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act 2000: Miller v ABM Canada Inc 2014 ONSC 4062 (CanLII).
Mr Miller applied for and obtained the position of ‘Director, Finance and Business Process Improvement’. Prior to commencing employment, he had signed an employment contract, which contained the following elements of ‘remuneration’: a base salary of CAD135,000 (£73,000) per year; pension contributions up to a maximum of six per cent of base salary; and a car allowance of CAD680 per month.
The employment contract contained the following provision in respect of termination without cause: ‘Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice or as may otherwise be required by applicable legislation.’ …
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Dentons
News from The Lawyer
Briefings from Dentons
Dentons experts have prepared an overview of the most important legislation changes in real estate and construction for 2014.
The Ministry of Economy issued a ministerial resolution in 2014 setting out new requirements with which public joint stock companies must comply before entering into a related party transaction.
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all