Question
Fatima accepted an offer of employment based on a two-page offer letter that didnotcontain a termination clause. Shortly after she started the job, Fatima was
Fatima accepted an offer of employment based on a two-page offer letter that didnotcontain a termination clause. Shortly after she started the job, Fatima was given an employment contract, which she signed. The contract contained a termination clause that restricted her entitlements on termination to the statutory minimums under theEmployment Standards Act (ESA).
Eight years later Fatima, who had received a couple of promotions since she started, was terminated on a "withoutjust cause"basis. Relying on the termination clause in the contract, the employer gave Fatima only her minimum entitlements under theESA. Fatima sued for reasonable notice damages under the common law.
Based on the concepts learned in this course, does Fatima have possible grounds for challenging the enforceability of the termination clause in her contract?
If so, what would that ground (or those grounds) be? Explain your answer.
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