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CONTRACT OF EMPLOYMENT - Express terms - Remuneration - Severance pay

Friday, August 03, 2018 @ 8:36 AM  

Appeal by the employer from a decision dismissing its motion for summary judgment and finding that the termination clause in the respondent’s employment contract was unenforceable. The respondent’s employment was terminated without cause. He then commenced an action seeking entitlement to pay in lieu of notice at common law based upon a notice period of 16 months. The termination clause provided for an all-inclusive separation payment of a maximum of 12 months’ base salary. The motion judge found that the termination provision was ambiguous, that it...