When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
You Make the Call: Is Contractual Limit on Termination Notice Enforceable?

The High Cost of Termination Notice
Unlike south of the border where employment is at will, you can’t terminate employees in Canada without cause unless you pay them termination notice based on their years of service. How much termination notice you have to pay depends on which law applies:

Employment standards laws (ESA) require notice ranging from 1 to 8 weeks;
Common law notice can run as high as 24 months or even more in extraordinary circumstances.

Contractual Termination Notice Limits
If you’re an employer, you’d obviously rather provide ESA than common law notice. That’s why many employers include language in their employment contract in which employees purport to give up their right to common law notice and accept only the minimum notice required by the ESA in the event they’re terminated without cause.

While that solution obviously makes economic sense, it’s not as simple as it sounds. The problem is that notice limitations clauses are notoriously hard to enforce. The c...

AnnualMonthly
Save with annual purchase!
Try It Out!
Take a Spin
Take a Spin
14d14d
Not ready to buy yet? Take a trial!
Get full access to HR Insider to make sure it's the right fit for your organization!
Start My TrialStart My Trial
Enterprise
Annually
Annually
callcall
For large businesses with multiple locations across the globe.
Contact UsContact Us

 

 


Already have an account?