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Difference between revisions of "Strategies and Tips for Employment Law (9:VII)"
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Strategies and Tips for Employment Law (9:VII) (view source)
Revision as of 14:46, 18 August 2021
, 14:46, 18 August 2021→Consider Defeating Signed Release Agreements
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In considering a signed release agreement, you should first ensure that it applies to the situation at hand. For example, a release of all liability pursuant to the Employment Standards Act may not prevent an employee from recovering in common law | In considering a signed release agreement, you should first ensure that it applies to the situation at hand. For example, a release of all liability pursuant to the Employment Standards Act may not prevent an employee from recovering in common law | ||
If the release agreement is grossly unfair for the employee, it may also be set aside on grounds of unconscionability. The British Columbia Supreme Court has recently adopted Alberta’s test for unconscionability in the context of a severance release as follows: (''Manak v. Workers’ Compensation Board of British Columbia'', 2018 BCSC 182 at para 90) | If the release agreement is grossly unfair for the employee, it may also be set aside on grounds of unconscionability. The British Columbia Supreme Court has recently adopted Alberta’s test for unconscionability in the context of a severance release as follows: (''Manak v. Workers’ Compensation Board of British Columbia'', 2018 BCSC 182 at para 90, https://canlii.ca/t/hq954) | ||
A contract is unenforceable for unconscionability if: | A contract is unenforceable for unconscionability if: | ||
