Appellant
Respondent
Background: Gerard Michael Egan, who served as Vice President of Maintenance Operations at Harbour Air, was terminated without cause on March 30, 2020, due to the Covid-19 pandemic's impact on business. Harbour Air paid him two weeks' salary and five days of severance, per the Canada Labour Code.
Legal Arguments/Issues: The primary legal issue was the enforceability of the termination clause. Egan argued that the clause was ambiguous and failed to meet statutory requirements. Harbour Air contended that the clause was clear and compliant with the Canada Labour Code, thus displacing common law reasonable notice. The appeal focused on whether the termination clause clearly specified a period other than common law notice by incorporating statutory provisions. Additionally, Egan claimed that Harbour Air failed to include all remuneration, such as bonuses and benefits, in the termination payment.
Held: The Court of Appeal upheld the dismissal, finding the termination clause clear and compliant with statutory requirements. The court concluded that the clause effectively rebutted the presumption of common law reasonable notice and did not allow contracting out of statutory obligations.
Costs/Damages Awarded: The decision did not specify the total amount of costs awarded.
Court
Court of Appeals for British ColumbiaCase Number
CA49510Practice Area
Employment lawAmount
Winner
RespondentTrial Start Date
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