B.C. Court Upholds 16-Week Termination Clause Despite 9 Years of Service: Key Lessons for Employers

Can long-term service or gradual promotions invalidate an employment contract? A recent British Columbia Supreme Court decision says no, not when the contract anticipates change.

In LaPlume v. AAA Internet Publishing Inc., 2025 BCSC 2139, the Court confirmed that a well-drafted termination clause can remain enforceable even after nearly a decade of evolving job duties.

The decision is a reminder for B.C. employers that thoughtful contract wording can protect against costly wrongful dismissal claims, even when an employee’s role changes over time.

The Case at a Glance: What Happened?

Kievs LaPlume worked for AAA Internet Publishing Inc., a Kelowna-based tech company operating under the name WTFast, for more than nine years. He started as a junior developer in 2013, earning $42,000 per year. Over time, his salary increased and his role expanded slightly. By 2022, he had become operations manager, earning $80,000 and supervising a small team of new hires.

When the company terminated his employment without cause in 2023, it paid him 16 weeks’ salary, the maximum set out in his written employment contract.

Mr. LaPlume claimed that his job had changed so much over the years that the original contract, including its termination clause, was no longer valid. He sought common law reasonable notice, which could have entitled him to several months’ additional pay.

What the Court Decided

Justice Ahmad of the B.C. Supreme Court dismissed the claim, ruling that the termination clause was valid and enforceable. The Court confirmed that gradual role evolution does not automatically void a written employment agreement, especially when the contract expressly anticipates such changes.

Key Findings:

Incremental Changes Do Not Invalidate a Contract
The Court found that Mr. LaPlume’s core duties, testing games and writing configuration files, stayed largely the same. His added supervisory responsibilities were modest and predictable, not a “dramatic” change that would void the contract.
The Contract Anticipated Role Changes
The employment agreement included a clause allowing the company to change the employee’s position, title, duties, or responsibilities as appropriate to his skills and experience. Because such evolution was contemplated, the contract remained effective and enforceable.
No Fundamental Shift in Role or Status
While salary increases and title changes occurred, the Court found these were consistent with normal career progression, not a transformation of the employment relationship. The company had complied with its contractual obligations and the Employment Standards Act by providing 16 weeks’ pay in lieu of notice.

The Court therefore upheld the contract and found that AAA Internet met its obligations by paying 16 weeks’ salary in lieu of notice. The case was dismissed, with costs awarded to the employer.

Why This Case Matters for B.C. Employers

The LaPlume decision reinforces that well-drafted employment contracts provide lasting protection even as employees grow within a company.

Key takeaways for employers:

Future-Proof Your Contracts
Include language that anticipates reasonable changes to job titles, duties, or reporting relationships. This can prevent arguments that the contract’s “substratum” has eroded over time.
Document Promotions Carefully
If an employee’s role changes significantly, for example from technical work to senior management, consider issuing a new contract or an addendum to confirm that existing terms, including termination provisions, still apply.
Consistency Matters
Courts will look at whether the employee’s core job remained the same. If the employee’s duties evolved gradually rather than fundamentally, the original contract is more likely to be upheld.
Clarity Reduces Risk
A clear and legally compliant termination clause helps limit liability to Employment Standards Act minimums or another defined amount, giving employers greater predictability when managing workforce transitions.

For employers, LaPlume highlights the importance of maintaining updated, clearly worded contracts that evolve with the business, ensuring compliance, certainty, and reduced litigation exposure.

How Achkar Law Helps British Columbia Employers

At Achkar Law, we help employers across British Columbia:

Draft and review employment contracts that remain enforceable as employees progress
Ensure termination clauses comply with the Employment Standards Act and current B.C. case law
Navigate wrongful dismissal claims and minimize financial exposure
Implement proactive HR and legal strategies to reduce disputes before they arise

Our team of employment lawyers combines legal expertise with practical business insight to help B.C. employers manage workforce changes confidently and lawfully.

Contact a BC Employment Lawyer

If your organization is updating employment contracts or managing terminations, our lawyers can help you protect your business interests and stay compliant with British Columbia law.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

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