Jeff Had Worked for Sweetums Candy Shoppe for the Last

Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss comes in one morning and tells him that although he has always been a great employee, he is being let go for financial reasons. He gives Jeff only 2 weeks' notice. Jeff checks his employment contract and verifies that the agreement provides that only 2 weeks' notice is required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sued for wrongful dismissal, what is the Court likely to find?

A) Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee.
B) The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit.
C) The contractual term does not comply with the legislation, so the Court would substitute the minimum notice period set out in the statute. Jeff would be entitled to 8 weeks.
D) Jeff is entitled to the amount set out in the legislation, plus any amount specified in the contract. Jeff should have been given 10 weeks' notice.
E) The contractual term does not comply with the legislation, so it is void. The Court would award damages calculated on the basis of a reasonable amount of notice.

Correct Answer:

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