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ARTICLE · 17 JULY 2024

The Power Of Intention

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A recent British Columbia Court of Appeal decision, Egan v Harbour Air Seaplanes LLP, 2024 BCCA 222, confirms that a termination provision that incorporates the requirements of the Canada Labour Code (the Code).

CanadaEmployment and HR
Kailey Hubele
Kailey Hubele
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A recent British Columbia Court of Appeal decision, Egan v Harbour Air Seaplanes LLP, 2024 BCCA 222, confirms that a termination provision that incorporates the requirements of the Canada Labour Code (the Code) by reference is sufficient to displace the common law presumption of reasonable notice.

The appellant, Mr. Egan, was employed with Harbour Air Seaplanes LLP (Harbour Air) for just under three years as Vice President, Maintenance Operations. Mr. Egan had a written employment agreement which contained a termination clause that purported to rebut the common law presumption of reasonable notice. The clause read as follows:

[t]he Harbour Air group may terminate your employment at any time without cause so long as it provides appropriate notice and severance in accordance with the requirements of the Canada Labour Code.

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