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The termination clause in Hadia's employment contract does not meet her minimum entitlements to termination notice and/or statutory severance pay under the ESA (Employment Standards
The termination clause in Hadia's employment contract does not meet her minimum entitlements to termination notice and/or statutory severance pay under the ESA (Employment Standards Act). In that case: the clause is void and Hadia is entitled to "reasonable notice of termination" under the common law - which will probably result in a severance package that is MUCH better than what she would have been entitled to under the ESA. the clause is unenforceable and the employer will receive a fine from the Ministry of Labour for inserting a clause that is contrary to the provisions of the ESA. the clause is void and Hadia should pursue her statutory (ESA) rights with the Ministry of Labour. the clause is still enforceable as long as it met the termination entitlements under the ESA that were in effect at the time the employment contract was signed
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