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ARTICLE · 12 JUNE 2024

More Than Words: An Employer's Conduct Can Invalidate A Termination Clause

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Despite the fact that an employment contract contained enforceable termination language, the British Columbia Supreme Court recently found that an employee was entitled...

CanadaEmployment and HR
Rachel Counsell
Rachel Counsell
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Despite the fact that an employment contract contained enforceable termination language, the British Columbia Supreme Court recently found that an employee was entitled to common law reasonable notice and $25,000 in punitive damages as a result of the employer's repudiatory conduct towards the employee.

We have previously written on what happens when an employer does not follow the terms of a written employment contract and then attempts to rely on it later. Klyn v. Pentax Canada Inc., 2024 BCSC 372, released on March 3, 2024, is a reminder for employers wishing to rely on the termination arrangements in their employment contracts that the work is not necessarily finished once the paperwork has been signed.

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