Is Your Company's Employee Handbook Enforceable?

A recent BC Supreme Court case is yet another reminder that courts will carefully scrutinize any term which purports to displace an employee's common law entitlement to reasonable notice of termination of employment, particularly where the term has not been clearly and unambiguously communicated and accepted by the employee. Employers can contract out of the requirement to provide an employee with reasonable notice, so long as the contract provides the employee with at least the minimum amount of notice (or pay in lieu) that the employee is entitled to pursuant to provincial employment standards legislation. However, the case of Fernandez v The University of British Columbia, 2018 BCSC 1993 ("Fernandez"), is a reminder that there are risks associated with including this type of key term in an employee handbook instead of an employment contract.