Architect’s notice entitlement torn down

You make the call
|Canadian Employment Law Today|Last Updated: 08/14/2019

This edition of You Make the Call features a dispute over the validity of termination provision drawn up to meet an employee’s request to reduce his hours.

John Ariss was an architect hired in February 1986 by Dominik Thompson Mallette (DTM), an architecture firm in Kingston, Ont. He worked full-time for the company for 16 years until February 2002, when NORR Limited Architects & Engineers bought the business.

As part of the sale, DTM terminated Ariss’ employment effective Sept. 6, 2002, and NORR immediately offered him a job. Ariss accepted the offer and signed the agreement that acknowledged he had read, understood and accepted the offer and a termination policy that limited notice of termination and severance entitlements to the minimum statutory provisions under the Ontario Employment Standards Act, 2000 (ESA).