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ARTICLE · 06 FEBRUARY 2024

Employer Beware: Fixed-Term Contracts And For Cause Dismissals

In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer)...

CanadaEmployment and HR

In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer) did not have cause to dismiss a fixed-term contract employee and awarded $81,100 CAD in damages.

Ms. Lefebvre, the dismissed employee, was hired under a fixed-term contract to replace an employee on parental leave. Six weeks into the contract, the Employer terminated Ms. Lefebvre's employment, for cause, in response to an email she sent to a HR manager. Ms. Lefebvre sent the relevant email following a meeting she had with HR and her supervisor to discuss performance and communication issues; including a prior incident where Ms. Lefebvre was "testy" with a client. The email contained critiques of Ms. Lefebvre's supervisor and an allegation that the supervisor engaged in "at best, a deliberate misdirection" while addressing Ms. Lefebvre's behaviour.

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