Cannot limit remedies for personal grievances

Question

My employment contract contains a clause limiting any remedies for a personal grievance to my period of notice. Is this legal?

Answer

No, the Employment Contracts Act allows employers and employees to agree on an alternative procedure for settling personal grievances other than the procedure set out in the Act, but it does not allow them to provide for alternative remedies.

In fact, section 157 prohibits contracting out of the Act.

That is not to say of course that an employer and employee may not settle a personal grievance for remedy not provided for in the Act.

For example, an employer once settled a personal grievance at mediation by giving the employee six bottles of beer.

Another case settled by the employer giving the employee a car.

More on Employment Agreements

Employee trial periods	Can change pay frequency if properly managed
More on secret video cameras	Appeal Court decision on harsh and oppressive contracts
When is an employment relationship formed?	Employment contracts must be negotiated - they cannot just be presented
Employer can still be bound by oral agreements	Cannot limit remedies for personal grievances
Common problems with employment agreements	Cannot dismiss without reason even if written in agreement
Take care when preparing employment agreements	Can a collective employment contract negotiated with union members be applied to non union members?
Importance of disclosing correct employer	Employee must disclose information at interview only if asked
Disputes resolution procedure must be included in staff agreement	Cannot require all employees to apply for new positions
Renegotiation of employment contract on sale of business	What an offer of employment might look like
Expired contracts continue with same terms and conditions

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