Ongoing Evolution in the Law of Termination Provisions

Recent case law continues to address the enforceability of contractual provisions which try to limit employees’ entitlements on termination. Lawyers for terminated employees are keen to attack the validity of these clauses in an attempt to remove any cap on entitlements and extend the reasonable notice period. Termination provisions are still the best way to communicate an employee’s entitlements, but they require precise drafting to ensure they are ultimately enforceable. If you haven’t reviewed your organization’s template employment contracts in the past year, we encourage you to reach out to any member of Siskinds’ Labour & Employment Group to do so.