LAW 529 Lecture Notes - Lecture 5: Windsor, Ontario, Wrongful Dismissal
17 Oct 2017
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Chapter 8: expressed and ancillary emlpoyment contract terms. Typical terms include job description, compensation, benefits, hours and place of work, probation terms of a contract that the parties have explicitly agreed to, either orally or in writing. Restrictive covenants: a contract term that restricts the right of a former employee to engages in certain competitive practices against his or her former employee (after termination of the employment relationship). They put into tension two important and competing interests: Judges balance these competing interests by applying their common law right to void contract terms that are contrary to public policy (public policy illegality). Judges have carved out e(cid:454)(cid:272)eptio(cid:374)s to pe(cid:396)(cid:373)it (cid:862)(cid:396)easo(cid:374)a(cid:271)le(cid:863) (cid:272)o(cid:448)e(cid:374)a(cid:374)ts: a restrictive covenant will not be enforced if the employer terminates the employment contract without providing the employee with the notice the contract requires. Class 3 fact scenario 1: this case is the classic common law statement of principle on the legal effectiveness of restrictive covenants.
