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ARTICLE · 08 SEPTEMBER 2015

Avoiding Costly Mistakes - Poorly Worded Contracts Can Prove Costly

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.

CanadaEmployment and HR

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

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