It is also important to note that an employer and a worker cannot conclude contracts that are inferior to what is provided for in the ESA, since one of the objectives of the ESA is to protect the interests of workers. Employers are required to meet certain minimum standards, such as. B notice periods. Why am I watching this? Because as Head of Content Officer at LegalSifter, I`m deciding what redundancy plans we should be looking for. I want to make sure that if we are looking for a dismissal for a fundamental reason, what we are looking for makes sense. Under no circumstances do you get less of your minimum rights under the Employment Standards Act, 2000. If the Employment Standards Act 2000 requires a higher fee than this provision grants you, your rights will automatically be increased to meet the minimum requirements of the Employment Standards Act, 2000, upon termination of your employment relationship. You understand and agree that the claims set forth in this paragraph constitute your full, exclusive and final rights to termination or payment in lieu of termination, severance pay (if any) and maintenance of performance (if any), including in the event of constructive termination and including all claims relating to notice under the common law and by accepting this Agreement, you waive any other claim: Common Law in connection with such dismissal. The Khashaba decision states that where a termination provision provides for termination without notice „for unnecessary reasons,“ it must meet the SEC`s minimum standards. The legal standard – non-trivial „intentional wilful misconduct“ and „intentional misconduct“ – is different from the common law standard, and a violation of the common law standard is not necessarily a violation of the legal standard.