The 'Fix' Is In: Alberta Employee Awarded 34.5 Months' Damages For Breach Of Contract

Rice v Shell Global Solutions Canada Inc.1 - a recent decision by Alberta's Court of Queen's Bench - is the latest warning to employers about the dangers of fixed-term employment arrangements.

Background

The employee, a Chartered Professional Accountant, started working for Shell Global Solutions Canada Inc. ("Shell") in September 2008. Initially, the employee was employed pursuant to a two year fixed-term contract. The contract was extended until June 2011, at which time the employee was converted to "regular, full time employment".

In 2016, the employee applied for the position of Indirects Manager. Shell offered her the job by way of email which read, in part:

The desired First Day on Payroll will be: 1/APR/2016

Your Assignment Length will be: 4 years

The employee accepted the offer; however, she did not receive a written contract or any other documentation in furtherance of Shell's email.

10 months later, in February 2017, Shell terminated the employee's employment on a without cause basis. She received a combination of working notice and pay in lieu of notice through mid-May 2017. The employee subsequently obtained alternative employment with another company...