What is the test for terminating an employment contract?
Saskatchewan, Canada
The following excerpt is from Warren v. 622718 Saskatchewan Ltd., 2004 SKQB 346 (CanLII):
The defendant company unilaterally and fundamentally changed a term or condition of the employment contract by refusing to pay the plaintiff’s guaranteed salary and benefits contrary to the express terms of the contract. This was a repudiation of the contract of employment, entitling the plaintiff to treat the contract as wrongfully terminated and to seek damages in lieu of reasonable notice. (See: Farber v. Royal Trust, 1997 CanLII 387 (SCC), [1997] 1 S.C.R. 846)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a union security clause in an employment contract binding an employer with respect to severance pay? (Saskatchewan, Canada)
What is the legal test for terminating a term of employment under a continuous employment agreement? (Saskatchewan, Canada)
Does a vendor have to rescind the terms of a contract when the vendor has terminated the contract? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
Can a father who terminated his wife's spousal support as of February 1, 2001, now argue it should have been terminated when the mother remarried? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
Does the doctrine of frustration apply when it is alleged that a change in circumstances after the formation of a contract renders it physically or commercially impossible to fulfil the contract? (Saskatchewan, Canada)
Does the appointment of a receiver manager by court operate to discharge a servant from his employment contract? (Saskatchewan, Canada)
