Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided?
Ontario, Canada
The following excerpt is from Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 (CanLII):
While counsel for the plaintiff submits that a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation does not restrict the employee to the minimum notice period provided, that submission is based on Kosowan v. Concept Electric Ltd. 2007 ABCA 85 (CanLII) Alberta. The factual difference in that case is that the termination clause did not provide that the employee was to receive the “minimum” notice period as was provided for in the contract in this case. In this case the termination clause did specify that the minimum legislated notice was contemplated. I reject that argument.
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