Yes. The Employment Standards Act makes it clear that if an employee has an employment contract that contains a provision entitling them to more than what they are entitled to pursuant to the Employment Standards Act, then the provision providing for the greater right will apply.
For example, the Employment Standards Act sets out that after one year of service an employee is entitled to two weeks’ notice of the termination of their employment. If, however, an employee’s employment contract indicates that after one year of service the employee will be entitled to three week’s notice of the termination of their employment, then the provision in the employment contract will apply.
If your employment contract does not stipulate that you are limited to the entitlements outlined in the Employment Standards Act, then you may also be entitled to receive more.
If you believe your employer has not abided by the terms of an employment contract, or if you would like your contract reviewed prior to agreeing to a severance package, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email at mlahert@sultanlawyers.com.