LAW 529 Lecture Notes - Lecture 6: The Employer, Verbal Abuse, The Resignation

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

The end of the employment relationship: general observation. Fixed term agreement: an employment contract can include a defined term. This is expressed as an elapse of time or the completion of a task; With a defined term, there is no common law obligation to provide advanced notice or payment in lieu; If either party terminates the agreement before the expiration of the term, the other party is entitled to damages based on the resulting loss; If the employee continues to work beyond the fixed term, then the contract becomes indefinite term; The courts require clear evidence that the parties intended a fixed-term contract. Contract termination notice clause: an employment contract of indefinite term can include a termination notice clause. Issues: this clause violates statutory notice provisions; It is unenforceable under the changed substratum doctrine (obsolescence): violation of statutory notice provisions, a termination clause must, at least, provide the minimum statutory notice;