The plaintiff, a blaze welder with 36 years of service at a predecessor company, was terminated shortly after the defendant purchased the business.
The defendant argued it only purchased assets and hired the plaintiff on a fixed-term contract as a general labourer to assist with moving.
The court found the defendant purchased the business as a going concern and failed to unambiguously communicate a fixed-term contract to the plaintiff, making her an indefinite employee.
Applying the Bardal factors and recognizing her prior service, the court awarded the plaintiff 12 months' reasonable notice.
