In Fraser v. Canerector Inc., 2015 ONSC 2138, the plaintiff was a 46-year-old senior executive who was dismissed from his employment in June 2014 after 34 months (2.8 years) of service. He argued that he had been induced to leave a secure, long-term position at another firm, where he had worked for approximately seven years, to accept employment with the defendant and, as such, the period of reasonable notice ought to reflect his combined length of service to both employers. He claimed that 12 months’ notice would be reasonable in the circumstances.
The Ontario Superior Court of Justice has recently held that a long-term employee could not be terminated for just cause for having arrived late for work on the day he was terminated.
In a recent decision of the Ontario Superior Court of Justice, the Court held that a Release that had been signed by an employee upon termination to “accept” a severance package only “offering” the minimal entitlements on termination as required under the Employment Standards Act, should be struck and deemed unenforceable, and that the employee could still initiate a claim for wrongful termination under the common law, in addition to receiving Employment Standards Act entitlements.