What is the implied term in an employment contract?
British Columbia, Canada
The following excerpt is from Johnson v. Global Television Network Inc. (CH Vancouver Island), 2008 BCCA 33 (CanLII):
It is well settled that, in the absence of an express agreement between an employer and an employee, the law implies a term in their employment contract that the employer will not terminate the contract unless either (i) there is just cause to terminate the employee's employment or (ii) the employer gives reasonable notice of the termination to the employee. For a discussion of implied terms in employment contracts generally, see the reasons of McLachlin J. (as she then was) in Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986, 91 D.L.R. (4th) 491.
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