Is a written contract of employment for an indefinite term binding on reasonable notice of termination?
British Columbia, Canada
The following excerpt is from Miller v. Convergys CMG Canada Limited Partnership, 2013 BCSC 1589 (CanLII):
There is a presumption at common law that a contract of employment for an indefinite term is terminable only on reasonable notice of termination. That presumption is rebuttable if the contract of employment clearly specifies some other period of notice either expressly or impliedly: Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986 at 998-999, 91 D.L.R. (4th) 491. Machtinger confirms that if a notice period in a written contract of employment meets the minimum requirements of the applicable employment standards legislation, it will be binding.
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