Ariss v. NORR Limited Architects & Engineers
Ariss v. NORR Ltd: Waiver of Notice & ESA
Summary
This appeal concerns a wrongful dismissal action where the employer relied on a 2006 waiver of common law notice and a 2013 employment agreement amendment. The Court of Appeal upheld the waiver of common law notice, found that the 2013 amendments were supported by adequate consideration, and determined that the employee's employment remained continuous under the Employment Standards Act despite a transition to part-time work. Additionally, the court rejected the employer's argument that the employee failed to mitigate damages.
Outcome
appeal dismissed
Key Factors
- waiver of common law notice
- employment standards act
- adequate consideration
- mitigation of damages
- continuity of employment
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.