Employment Law Issues (9:V): Difference between revisions
From Clicklaw Wikibooks
m
→c) Invalid Contracts – Vagueness or Ambiguity
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 389: | Line 389: | ||
Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. | Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. | ||
==== d) Invalid Contracts – Contrary to ESA | ==== d) Invalid Contracts – Contrary to ESA ==== | ||
Any term of the written contract that does not meet the minimum standards set out by the ''Employment Standards Act'' (for provincially regulated employees) or the ''Canada Labour Code'' (for federally regulated employees) is invalid. | Any term of the written contract that does not meet the minimum standards set out by the ''Employment Standards Act'' (for provincially regulated employees) or the ''Canada Labour Code'' (for federally regulated employees) is invalid. | ||
| Line 403: | Line 403: | ||
In the previous example, it is irrelevant whether the employee has worked for the employer long enough to be entitled to more than 30 days notice under the ''ESA''. A contractual termination clause is not enforceable if, at any ime, the clause would provide the employee with less than his entitlement under the ESA. See ''Shore v Ladner Downs'', 5160 DLR (4th) 76. | In the previous example, it is irrelevant whether the employee has worked for the employer long enough to be entitled to more than 30 days notice under the ''ESA''. A contractual termination clause is not enforceable if, at any ime, the clause would provide the employee with less than his entitlement under the ESA. See ''Shore v Ladner Downs'', 5160 DLR (4th) 76. | ||
However, this principle may have been qualified with respect to severance clauses and fixed term contracts (see ''Miller v Convergys CMG Canada Limited Partnership'', 2013 BCSC 1589 (upheld on appeal); ''Rogers v Tourism British Columbia'', 2010 BCSC 1562). | However, this principle may have been qualified with respect to severance clauses and fixed term contracts (see ''Miller v Convergys CMG Canada Limited Partnership'', 2013 BCSC 1589 (upheld on appeal); ''Rogers v Tourism British Columbia'', 2010 BCSC 1562). | ||
==== e) General Contract Construction Rules Apply ==== | ==== e) General Contract Construction Rules Apply ==== | ||
