Supreme Court of British Columbia held that a termination clause was enforceable because it met the minimum statutory requirements for notice in individual termination scenarios; it did not matter that the agreement in this case waived the minimum notice requirement for group terminations under the Employment Standards Act. This decision deviates from how courts in Ontario interpret termination clauses; there, factfinders must analyze termination agreements as a whole rather than on a piecemeal basis, and if any termination provision in the agreement is contrary to the requirements of the Employment Standards Act, 2000, all termination provisions in the contract will be considered unenforceable.

In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the notice to which he would be entitled only under the individual termination provisions in section 63 of the Employment Standards Act (BC ESA), and effectively waived the minimum notice to which he would be entitled under the group termination provisions in s. 64 of the BC ESA. The court dismissed the employee’s action, finding that the termination clause was enforceable because s. 63, not s. 64, establishes the minimum statutory requirements needed to oust the common law entitlement to reasonable notice, and the termination clause allowed for the same...

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