How has the common law termination provision been interpreted?
Alberta, Canada
The following excerpt is from Lovely v. Prestige Travel Ltd., 2013 ABQB 467 (CanLII):
Justice Iacobucci, writing for the majority in Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986, 988, elaborated on the general thrust of Justice McIntyre’s opinion this way: “I would characterize the common law principles of termination only on reasonable notice as a presumption, rebuttable if the contract of employment clearly specified some other period of notice, whether expressly or impliedly”. C. The Termination Provisions Relied on by the Parties if Enforceable Preclude the Application of the Common Law Termination Provision
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