Employment and Labour Law Reporter Publishes an Article by Will McLennan on ESA-Only Termination Clause and Common Law Notice

Employment and Labour Law Reporter Publishes an Article by Will McLennan on ESA-Only Termination Clause and Common Law Notice

Hicks Morley’s Will McLennan authored an article in the Employment and Labour Law Reporter titled “‘ESA-Only’ Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice.” The article argues how the Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice.

How the Court reached its conclusion is also important as it follows the growing trend by the courts to re-emphasise the need, as in all contractual interpretation, to look at the contract as a whole when evaluating termination provisions.

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