Clarity is key when it comes to drafting and enforcing termination clauses in employment contracts
Employment standards legislation in all Canadian jurisdictions sets out a minimum amount of notice or pay in lieu of notice to which an employee is entitled when their employment is terminated. Most employees will be entitled to more than this minimum at common law, which provides for much more extensive notice entitlements. The difference between the statutory and common law notice can be substantial, depending on several factors including the employee's age, position with the employer, tenure and the availability of similar alternative employment.
