Departure from Written Contractual Terms

Even if an employment contract is in writing, sometimes the court will ignore certain terms of the contract. The court is cognizant of the inherent inequality in bargaining power between an employer and an employee (Nardocchio v. CIBC). This Is particularly true if the contract contains terms that are unfair or provide grossly inadequate consideration.

If there is ambiguity in an employment contract regarding reasonable notice, the fairer interpretation will be preferred, and if an indefinite term contract exists there must be reasonable notice according to the common law definition unless the contract meaningfully says otherwise (Ceccol).