One cannot both breach and benefit – employer precluded from relying on termination clause it breached
Employers are often advised to act cautiously when dismissing employees, particularly when those employees are subject to enforceable termination provisions. Hasty decisions to terminate based on unfounded allegations of “just cause”, or careless applications of “without cause” termination provisions, may result in unintended consequences. Specifically, employers may find themselves: exposed to liability for bad faith,