Is a termination clause in an employment contract enforceable?
British Columbia, Canada
The following excerpt is from Porter v. Tsewultun Police Service Board et al., 2000 BCSC 967 (CanLII):
In Watson v. Moore Corp, [1994] B.C.J. No. 33329, at para. 12, MacKenzie J. said this of a provision in an employment contract: The plaintiff also submitted that if the termination clause (clause 8 of the 1989 agreement) was enforceable, it should be construed strictly against the employer, and on a strict construction, it does not limit the plaintiff to the compensation specified in lieu of notice. I agree that the contract must be construed strictly against the employer who prepared it . . . .
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