An employer must pay a worker for the remainder of her fixed-term contract after firing her three months into the 18-month contract without proper cause, the British Columbia Supreme Court has ruled.
“My thesis is that there is never a good reason to have a fixed-term employment agreement, as you can do the same thing with an indefinite term of employment by being prepared to give working notice,” says Mike Hamata, a partner at Roper Greyell in Vancouver. “It’s still a good idea to tell the employee during the hiring process that you expect the employment to last for a year or for 18 months, as long as you’re also clear that you’re not creating a fixed-term contract of employment.”
Gisborne Holdings is an industrial general construction company in Burnaby, BC. In April 2022, Gisborne hired the worker as a Departmental Administrator, filling in for an employee who was taking parental leave.
