LAW 529 Study Guide - Final Guide: Wrongful Dismissal, Kurdistan Regional Government

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Omar Ha- Redeye

Document Summary

A simple non-solicitation covenant would have prevented multari from soliciting referring dentists. Restrictive covenant is not enforced if the employer commits a wrongful dismissal, thereby repudiating the contract. Basically if a wrongful dismissal occurs the ee does not have to follow the restrictive covenant. Remedy: usually the court will not rewrite or read down overly broad clauses to render them enforceable (scc in shafron v. krg insurance brokers (western) inc. ) Instead , overly broad clauses will be held unenforceable. Therefore to make these covenants are followed the employer should make sure that they are reasonable. Expressed contract term - termination of contract clauses. Fixed - term contracts : specified dates (no notice is required) Fixed - task contracts : task completion. Indefinite term contracts : terminated with reasonable notice. Not legally enforceable if not part of legal contract or employer contract. Enforceable contract consists of a mutually agreed upon promise (offer, acceptance, mutual consideration)