A Catalyst for Supply Chain Profitability

A brief but interesting discussion on how an offer of employment can run afoul from a single clause. Well worth reading if you are responsible for crafting terms of employment. 

While this case refers to the Ontario Employment Standards Act, the underlying facts would be equally applicable in the federal jurisdiction. The crux of this case revolves around a single phrase and how that impacted the termination section of the agreement:

(the trial judge) found the Termination Clause to be void and unenforceable for the following reasons:

This final sentence [“Benefits shall cease 4 weeks from the written notice”] is clearly either ambiguous as it flies in the face of the rest of the provision or it is an attempt to contract out of the minimum standards under the ESA by limiting benefits to four weeks regardless of the term of employment.

The full transcript of the case for those who are interested is available here:

https://www.canlii.org/en/on/onca/doc/2019/2019onca992/2019onca992.html?resultIndex=1