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Waiving common law under termination clause: from new contract, not signed yet
"The Employee acknowledges and agrees that they are not entitled to any common law notice of termination. It is the intention of the Employer and Employee to be bound by the minimum standards of the ESA. The Employee acknowledges and agrees that the entitlements in this section fully satisfy the Employer’s termination notice and severance obligations upon the termination of the Employee’s employment, and that no additional or further notice of termination, pay in lieu thereof and/or severance pay or benefits continuation shall be owed to the Employee (whether pursuant to the ESA, common
law, contract or otherwise,) and the Employee specifically waives the right to common law reasonable notice of termination upon the Employer’s termination of employment. "
Is this enforceable?
This clause on its face would likely limit your entitlement to common law notice upon termination. However, the employment contract needs to be read as a whole to determine the enforceability of each section. In order to determine the enforceability of this particular provision, we would need to review your employment contract in its entirety. If you would like to have your employment contract reviewed, please contact us using the information below.