Termination Clauses Holding Their Ground In Court

The province continues to show deference to employers in wrongful termination cases advancing through to the highest courts in BC.

In the recent BC Court of Appeal case, Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (CanLII), the court found that the termination clause in Harbour Air's employment contract with its former employee, Mr. Egan, to be reliable and unambiguous. No award was granted to the plaintiff beyond what Harbour Air had already paid him under its termination clause, whereby the clause lawfully adhered to termination minimums set out under the Canada Labour Code, RSC 1985, c. L-2 ("Code").

In reaching her decision, Madam Justice Baker outlined the pertinent sections of the Code regarding the work done by Harbour Air, being "aircraft" and "air transport", which clearly falls under federal jurisdiction. Similar to provincial legislation, such as B.C.'s Employment Standards Act [RSBC 1996], the Code sets out minimum termination entitlements based