The B.C. Supreme Court's decision in Alsip v. Top
Rollshutters Inc. (c.o.b. Talius), 2015 BCSC 1166 serves as a
cautionary tale to employers when they are preparing employment
contracts. Ambiguity in employment agreements is likely to be
interpreted in favour of employees and can prove very costly,
particularly where the contract in question is found to be a fixed
term employment agreement.
In 2012 the parties in Alsip negotiated the
plaintiff's potential employment as director of sales.
Following an initial offer, the parties modified a few terms of the
contract and added a term that the agreement was a three year
employment contract. The plaintiff signed the modified offer and
commenced employment with the defendant. Approximately nine months
into the three year fixed term, the plaintiff was terminated
without cause and provided with two weeks' salary in lieu of
notice. The plaintiff declined an offer of a further six weeks
salary in exchange for his signature on a