Posted: May 18th, 2017

Although he has a criminal record, Matias has been a good employee for his 4 months of employment. The plant manager understands that it is necessary to terminate Matias’s employment, but he would like to do so without just cause and he would like to rely on the termination provision in the employment letter, which Matias agreed to, and pay him 72 hours’ pay in lieu of notice. The plant manager asks Donna for advice. What should Donna advise about the enforceability of the termination without just cause portion of contract?

Although he has a criminal record, Matias has been a good employee for his 4 months of employment. The plant manager understands that it is necessary to terminate Matias’s employment, but he would like to do so without just cause and he would like to rely on the termination provision in the employment letter, which Matias agreed to, and pay him 72 hours’ pay in lieu of notice. The plant manager asks Donna for advice. What should Donna advise about the enforceability of the termination without just cause portion of contract? a. The clause is legally enforceable because the company gave him ample time to consider the contract and he agreed to it by signing and returning it to the company. b. The clause is legally enforceable because it complies with the minimum requirements in the Employment Standards Act, 2000. c. The clause is not enforceable because it does not comply with the minimum requirements in the Employment Standards Act, 2000.