Employee goes for gold in contract dispute

Contractor and employer disputed language outlining notice required when contract was terminated early
|Canadian Employment Law Today

This instalment of You Make the Call features a contractor who disputed the terms under which his contract was terminated.

Kerry Lynch signed a contract to be the graphics and web officer for the 2014 Halifax Commonwealth Games Candidate City Society, which prepared Halifax’s bid to host the 2014 Commonwealth Games. The contract was for a fixed term from Jan. 8, 2007 to Nov. 15, 2007. The end date was supposed to coincide with the selection of the winning bid for the games. If the bid succeeded, there was a possibility of a position with the administration of the games.

The contract allowed for the termination of Lynch’s employment if he failed to perform “at a superior level” and didn’t immediately improve after one warning. A subclause of the termination provision entitled Lynch to two months’ notice or pay in lieu of notice if terminated without cause.