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Is Your Termination Clause Enforceable? Part 2

In our first installment I described the possible effect of well drafted termination clauses in employment contracts.  Where a termination clause is not properly drafted and fails to meet the minimum standard set in the Employment Standards Act, it will be unenforceable.  The following are some examples of termination clauses that BC courts have considered and found […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Fundamental contract terms, Termination clause, Wrongful dismissal|Comments Off on Is Your Termination Clause Enforceable? Part 2|

Is Your Termination Clause Enforceable? Part 1

Many employment contracts these days contain clauses that are commonly referred to as “termination clauses” (sometimes also called “fixed notice periods”, “defined notice periods”, “severance clauses”, etc).  A termination clause will usually define the exact amount of notice or severance pay that an employee will receive in the event of termination. Almost always, a […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Employment Law, Fundamental contract terms, Termination clause|Comments Off on Is Your Termination Clause Enforceable? Part 1|

Record Discrimination Award Overturned in BC

On December 17, 2013 the British Columbia Human Rights Tribunal made history in a workplace discrimination case by providing an award for injury to dignity, feelings and self-respect of more than double the previous high water mark.  The Tribunal found in Kelly v. University of British Columbia (No. 4) that the circumstances were “unique and […]

By |December 11th, 2015|Employment Law, Wrongful dismissal|Comments Off on Record Discrimination Award Overturned in BC|

Severance 101 – Working Notice, Salary Continuance, Lump Sum Payment

Following termination from employment without cause, many British Columbia employers provide some form of severance, or pay in lieu of notice, to the dismissed employee.  However, some employers may provide working notice while others may choose salary continuance or a lump sum payout instead.  So what is the difference between working notice, salary continuance and […]

By |December 8th, 2015|Contracts, Damages, Reasonable notice|Comments Off on Severance 101 – Working Notice, Salary Continuance, Lump Sum Payment|