Shuri, a 35-year-old graphic designer, had been working for a small design agency for six years when she was let go without a reason. Her salary was in line with the industry standards, and the amount of pay in lieu of notice she received was strictly following the Employment Standards Code. The employer claimed that they were not obligated to provide any additional pay beyond the statutory requirement because, according to the employment contract's termination clause, it only had to meet the minimum requirements of the provincial employment standards statute.

The contract termination clause read:

Termination notice must be in writing from the Manager, and professional staff will receive one month's notice...and/or as established by legislation.

Shuri is confused. Help her by answering the questions below:

1.What are her arguments that the termination clause is invalid?

2.If she sues for wrongful dismissal, how will the courts determine the common law reasonable notice?

3.What remedy or remedies would she pursue?

4.What obligations (if any) does she have regarding damages that she may suffer?

Answer rating: 100% (QA)

1 Shuris arguments that the termination clause is invalid could include Lack of clarity The terminat... View the full answer