Contractual language must allow for more than just wages to comply with employment standards minimums
In recent years, the enforceability of termination clauses has been a hot topic in employment law circles as some courts have appeared to take a closer look at them and displayed a greater willingness to strike down clauses that potentially violated the employment standards legislation. Despite the growing body of case law in which termination clauses were found to be unenforceable for various reasons — such as the failure to provide for continued benefits during the employee’s notice period — there were also enough cases demonstrating a more lenient approach that it could be fairly said that the state of the law was uncertain.
