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Is It The End Of Successive Fixed Term Employment Contracts?

The Court of Appeal of Quebec recently rendered two decisions regarding the possibility that an employment relationship based on successive fixed term contracts may be deemed to be an indeterminate term employment relationship.

Atwater Badminton and Squash Club Inc. c. Morgan
In this decision, the respondent, Mr. Morgan, a professional badminton player, had worked for the appellant, the Atwater Badminton and Squash Club Inc. (the Club), for 17 consecutive years, from September 1993 to August 2010. During his employment, the respondent had signed several fixed term contracts whose terms ranged from 9 months to 3 years and he had also worked without a contract between 1998 and 2002.

On June 1rst, 2010, the Club announced to the respondent that the contractual agreement would end at the expiry of the current term.

The respondent claimed to be entitled to 21 months of reasonable notice and the employer argued that Mr. Morgan did not have the right to receive such notice because ...

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