Can an employer appeal against a termination clause in a contract that had been renewed for a third consecutive year?
Alberta, Canada
The following excerpt is from Pennock v. United Farmers of Alberta Co-Operative Limited, 2008 ABCA 278 (CanLII):
The fact that there were successive renewals of the Contract does not alter the situation. It appears that in each instance they were agreed to by the respondent. In Matthewson v. Aiton Power Ltd(1985), 11 O.A.C. 76, 8 C.C.E.L. 312, the contract, which had been renewed for three succeeding years, contained the following provision: TERMINATION: Your employment may be terminated at any time by either party giving the other not less than 2 weeks prior notice in writing. For the court, McKinnon A.C.J.O. in allowing the employer’s appeal and giving effect to the contractual term, stated at para. 8: “The term in issue is perfectly clear . . . “
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