Once more into the breach — of a contract

Fixed-term contract had a vague termination provision
|Canadian Employment Law Today|Last Updated: 07/06/2016

This instalment of You Make the Call features a dispute over an employee’s entitlement when his fixed-term contract was terminated.

John Howard, 59, was hired by The Benson Group (TBG) in September 2012 to be a truck shop manager and sales development manager at an automotive service centre in Bowmanville, Ont. He signed a five-year, fixed-term contract prior to starting in the position.

The employment contract contained an article providing for early termination. TBG had the right to early termination without cause through a clause that stated “employment may be terminated at any time by the employer and any amounts paid to the employee shall be in accordance with the Employment Standards Act of Ontario.”