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What will happen if the termination clause in an employment contract is found to be unenforceable?ACourts will apply the minimum statutory entitlements found under the Employment Standards Act, 2000 instead.BThe employer will be required to provide reasonable notice (or pay in lieu of notice) under the common law.CThe employer does not have to provide notice of termination (or pay in lieu of notice) because the parties failed to properly negotiate such a requirement.DThe courts will determine which party had the greatest bargaining power and settle on a result that protects the weaker party.SUBMIT ANSWER

Question

What will happen if the termination clause in an employment contract is found to be unenforceable?ACourts will apply the minimum statutory entitlements found under the Employment Standards Act, 2000 instead.BThe employer will be required to provide reasonable notice (or pay in lieu of notice) under the common law.CThe employer does not have to provide notice of termination (or pay in lieu of notice) because the parties failed to properly negotiate such a requirement.DThe courts will determine which party had the greatest bargaining power and settle on a result that protects the weaker party.SUBMIT ANSWER

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Solution

If the termination clause in an employment contract is found to be unenforceable, the employer will be required to provide reasonable notice (or pay in lieu of notice) under the common law. This is because the common law principle of 'reasonable notice' is a fallback provision when a termination clause is unenforceable. This principle requires an employer to provide an employee with a reasonable period of notice or payment in lieu of notice when terminating employment without cause.

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