An employee with approximately 30 years of continuous service was dismissed without cause from part-time employment.
The employer relied on a written employment agreement purporting to waive the employee's years of service and common law entitlement to reasonable notice, providing only statutory minimums under the Employment Standards Act.
The motion judge found the employee had not waived his years of service for statutory purposes but was bound by a 2006 waiver of common law notice entitlements.
The Court of Appeal upheld this decision, finding the waiver was clear and unequivocal, the 2013 transition to part-time employment constituted an amendment rather than a new contract, and there was adequate consideration for the amendments.
The court also rejected the employer's cross-appeal on mitigation, finding the employee had made reasonable efforts to secure comparable employment.