Employment Law Issues (9:V): Difference between revisions

Employment Law Issues (9:V) (view source)

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 Written employment contracts may contain a termination provision that sets out how much notice (or pay in lieu of notice) the employee will receive if the employer terminates the employee without cause.    In order to rebut the presumption of reasonable notice and limit an employee’s common law severance entitlement, termination clauses in employment contracts must be clear, unambiguous, and have to meet at least the minimum ESA entitlements.
-If the employer fails to give the employee reasonable notice or pay in lieu, this would constitute a breach of the employment contract by the employer, and the employee could sue the employer for a severance in Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.  This is commonly called a wrongful dismissal claim.
+If the employer fails to give the employee reasonable notice or pay in lieu, this will constitute a breach of the employment contract by the employer, and the employee could sue the employer for a severance in Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court.  This is commonly called a wrongful dismissal claim.
 Generally, the notice periods recognized at common law tend to be larger awards than the statutory minimum.