Is there any ambiguity in clause 16 of a contract that provides severance pay for employees who are terminated without just cause?
British Columbia, Canada
The following excerpt is from Damani v. Stuart Olson Construction Ltd., 2015 BCSC 2322 (CanLII):
Unlike the contract in Dodich v. Leisure Care Canada, 2006 BCSC 93, clause 16 is not rendered ambiguous by the inclusion of a guarantee of severance pay that has no clear maximum amount. Instead, clause 16 provides that the amount required to be paid under the applicable employment standards legislation is the upper limit for any compensation for termination without just cause.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employee be terminated without cause if the employee has not been given reasonable notice? (British Columbia, Canada)
What is the duty of an employee dismissed from his or her employment without cause and without proper notice to mitigate their damages? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
What is the test for terminating a contract where the contract is terminated because of poor quality or defective work? (British Columbia, Canada)
Can an employer terminate an employee for cause if the employee acts dishonestly? (British Columbia, Canada)
What is the reasonable notice of an employee on termination without cause? (British Columbia, Canada)
What is the quantum of damages for breach of contract when an employee is terminated for cause rather than for pay? (British Columbia, Canada)
What is the test for terminating an employee without cause? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is just cause for termination when an employee's conduct is such as to warrant dismissal? (British Columbia, Canada)
