What is the test for terminating a contract of employment for an indefinite period?
Ontario, Canada
The following excerpt is from Nogueira v Second Cup, 2017 ONSC 6315 (CanLII):
It is, of course, a long established principal of common law that “a contract of employment for an indefinite period is terminable only if reasonable notice is given”: Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 SCR 986, 997. On the other hand, the principle is a “presumption, rebuttable if the contract of employment clearly specifies some other period of notice, whether expressly or impliedly”: Ibid., at 998.
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