Is paragraph 20.2 of an employment contract void?

British Columbia, Canada

The following excerpt is from Waddell v. Cintas Corp., 1999 CanLII 5161 (BC SC):

The defendant relied on the decisions in Shore v. Ladner Downs and Machtinger in support of the proposition that paragraph 20.2 of the employment contract was not enforceable. In rejecting the defendant’s argument, Burnyeat J. observed the policy considerations explored in those cases and then stated at para. 24: It must be noted that each of those cases dealt with an attempt by an employer to create a contractual term that might conflict with the minimum provisions for notice provided under the Employment Standards Act. However, in the case at bar, the contract of employment of the plaintiff was only for 12 months. Accordingly, it would not have been possible for this particular paragraph to conflict with the minimum requirements set out in the Act. In fact, the provision of one month’s notice was in excess of what would be available under the Act if the contract of employment had been silent. This is the case no matter when the termination took place within the contract period. Paragraph 20 of the employment contract is not void because it did not attempt to reach an agreement “to waive” the requirements of s. 42(1) of the Employment Standards Act which set out minimum weeks of notice. There are no circumstances under which the provision of one month’s notice would be less than what would be available to an employee under a one-year contract.

Other Questions

Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the effect of a change in terms of terms and conditions in an employment contract when an employee finds that the terms of their employment contract have been changed so that they no longer exist? (British Columbia, Canada)
Is a contract void for uncertainty, void for uncertain uncertainty or void for unjust enrichment? (British Columbia, Canada)
Is an employer required to point out the strengths and weaknesses of an employment contract? (British Columbia, Canada)
Can an employer unilaterally change the essential terms of an employee’s employment contract? (British Columbia, Canada)
Can a contract be void from the start if both parties make a mistake in the construction of the contract? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
Does a judge have authority to voide a contract where a contractor has been found in breach of the contract? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.