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ARTICLE · 17 MAY 2016

Fixed Term Contracts: Damages For "Trouble And Inconvenience"

Dentons Canada LLP
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In a recent decision, the Superior Court of Quebec held that the termination of a fixed term contract of employment constitutes a breach of contract which may allow for an award of damages...

CanadaEmployment and HR
Arianne Bouchard
Arianne Bouchard
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In a recent decision1, the Superior Court of Quebec held that the termination of a fixed term contract of employment constitutes a breach of contract which may allow for an award of damages for "troubles and inconveniences" suffered by the employee, in addition to damages for early termination.

The Plaintiff had been terminated without cause 15 months before the expiry of the term of his employment contract. The Court concluded that the unilateral termination of the Plaintiff's fixed term contract was illegal and ordered the Employer to pay the Plaintiff an indemnity equivalent to the wages he should have received until the end of the contract.

The main interest of this case is the Plaintiff's claim for $50,000 as damages for "troubles and inconveniences", which required the Court to consider whether such damages could be compensated in the context of a fixed term contract of employment.

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