Can an employment contract provide for dismissal without notice in the case of two employees?
Alberta, Canada
The following excerpt is from Rice v Shell Global Solutions Canada Inc, 2021 ABCA 408 (CanLII):
Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 SCR 986, 91 DLR (4th) 491 was a case where the employment contract provided for dismissal without notice in the case of one employee and two weeks’ notice in the case of another employee. Both employment contracts were for an indefinite duration. Both employees were dismissed without notice after seven years of service. The trial judge found these employees were entitled to reasonable notice and awarded them 7 and 7.5 months’ pay in lieu of notice.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an employer's offer of settlement in lieu of notice a waiver of the employer's right to dismiss an employee for cause? (Alberta, Canada)
How much notice can an employer give to an employee when the employer has made a decision not to conduct an internal investigation into the employee’s conduct? (Alberta, Canada)
Can an employer force an employee to quit with or without notice? (Alberta, Canada)
Can an employer unilaterally change the essential terms of an employee's employment contract? (Alberta, Canada)
Can an employee be dismissed for refusing to carry out his duties as a result of an ultimatum from his employer? (Alberta, Canada)
Can an employer rely on after-acquired knowledge of misconduct to support an allegation that cause for dismissal existed at the time of the dismissal? (Alberta, Canada)
Can an employee who has served as an employee of a bankrupt subsidiary of a corporation for more than a decade be held liable for breach of contract by that bankrupt subsidiary? (Alberta, Canada)
Can an employer rob an employee of an annual vacation by including it within their notice of termination? (Alberta, Canada)
Can an employment contract end through what is known as a constructive dismissal? (Alberta, Canada)
Is a plaintiff lawyer entitled to 12 months notice when he is dismissed by his employer? (Alberta, Canada)
