2022
When '60 Days or More' Isn't Enough: Lessons from Bryant v. Parkland School Division
Alberta's Court of Appeal confirmed that ambiguous termination clauses almost always benefit the employee. A reminder that termination clauses are scrutinized carefully.
In Bryant v. Parkland School Division, the Alberta Court of Appeal reinforced a long-standing rule: ambiguity in a termination clause is resolved in favour of the employee.
The employer's contract referenced '60 days or more' of notice, but the wording left key questions unanswered. The Court found the clause unenforceable and awarded common law reasonable notice instead — substantially more than the contract contemplated.
The decision is a cautionary tale for employers relying on dated templates, and a useful precedent for employees presented with vague severance offers.
We review termination clauses and severance packages for both employers and employees and litigate wrongful-dismissal claims across Alberta.
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