Employment Law Issues (9:V): Difference between revisions
From Clicklaw Wikibooks
→Damages at Common Law- Fixed Term Contracts
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Determine whether the contract itself specifies the conditions under which the employer can dismiss the worker, and what amount of notice or severance is required. If this is specified, and the contract and termination clause are valid (see Section V.C.2(c) and (d) Invalid Contracts), this will generally be determinative. | Determine whether the contract itself specifies the conditions under which the employer can dismiss the worker, and what amount of notice or severance is required. If this is specified, and the contract and termination clause are valid (see Section V.C.2(c) and (d) Invalid Contracts), this will generally be determinative. | ||
If the contract does not specify the conditions of dismissal, or if the contract or is the termination clause is invalid, the worker may be able to claim all the wages that they would have earned for the remainder of the contract. (Canadian Ice Machine v. Sinclair, [1955] SCR 777). | If the contract does not specify the conditions of dismissal, or if the contract or is the termination clause is invalid, the worker may be able to claim all the wages that they would have earned for the remainder of the contract. (''Canadian Ice Machine v. Sinclair'', [1955] SCR 777). | ||
After determining the damages the worker may be entitled to, return to Section IV.D.1: Termination of Employment Checklist. | After determining the damages the worker may be entitled to, return to Section IV.D.1: Termination of Employment Checklist. | ||
