LAW 529 Lecture Notes - Lecture 3: United Grain Growers, Inequality Of Bargaining Power, Rebuttable Presumption
17 Dec 2019
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Chapter 11: termination by agreement of the parties. Employee vulnerability and the rules governing termination of employment contract. Know that employer is more powerful party and little negotiation occurs. Scc & employee vulnerability under employment contracts-> employment is central to society, fundamental to individuals. *machtinger v. hoj industries ltd-> illegal notice of termination clauses reasonable notice is rebuttable presumption it applies unless clear language says otherwise: cannot be contrary to the esa. Wallace v. united grain growers ltd. -> emphasizes the unequal bargaining power that defines contracts. In ontario employers and employees act- terms greater than 9 years unenforceable unless they are a manager or a superintendent: oral fixed contract longer than year may pose difficulties. If party terminates contract before the agreed-on date, party will be in breach. If no early ending contract stipulations, can recover damages for remaining time judge want clear evidence, both parties intended result if not revert back to reasonable notice.
