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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   Discrimination for being on collective employment contract
  Common problems with employment agreements   Cannot limit remedies for personal grievances
  Take care when preparing employment agreements   Cannot dismiss without reason even if written in agreement
  Importance of disclosing correct employer   Can a collective employment contract negotiated with union members be applied to non union members?
  Disputes resolution procedure must be included in staff agreement   Employee must disclose information at interview only if asked
  Renegotiation of employment contract on sale of business   Cannot require all employees to apply for new positions
  Expired contracts continue with same terms and conditions   What an offer of employment might look like
  Alphabetical Index   Case Law Back to top
This article originally written by Alan Cressey the copyright of which is owned by The Evening Post
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Updated: 31st March 2010
Published: 16th July 1998
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