Justice Gray wrote: “In my view, there is no ambiguity. IBM appealed to the Ontario Court of Appeal, who did not. He then brought a court case, arguing that the clause was vague and should be deemed unenforceable. In the event that the applicable provincial employment standard legislation provides you with superior entitlements upon termination of employment (“statutory entitlements”) than provided for in this offer of employment, IBM shall provide you with your statutory entitlements in substitution for your rights under this offer of employment.Īmberber, an IBM employee with 16 years of service was terminated, in accordance with above language in his contract.
In addition, you will be entitled to benefit continuation for the minimum notice period under applicable provincial employment standard legislation. Any separation payment will be subject to applicable statutory deductions. This payment includes any and all termination notice pay, and severance payments you may be entitled to under provincial employment standards legislation and Common Law. If you are terminated by IBM other than for cause, IBM will provide you with notice or a separation payment in lieu of notice of termination equal to the greater of (a) one (1) month of your current annual base salary or (b) one week of your current annual base salary, for each completed six months worked from your IBM service reference date to a maximum of twelve (12) months of your annual base salary. Bear with us, here is the clause in question: We all love a good termination clause case! The law on what makes a valid “without cause” termination clause seems to change like the weather, but Amberber gives us the latest. This one is likely to make most employment lawyers top cases of 2018 lists. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts.
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