The appellant sued for wrongful dismissal and moved for summary judgment, arguing the termination clause in his employment contract was void for violating the Employment Standards Act.
The respondent conceded the 'Termination for Cause' provision was void but argued the 'Termination with Notice' provision was valid and severable.
The Court of Appeal held that employment agreements must be interpreted as a whole.
Because the 'for cause' provision violated the ESA, all termination provisions in the contract were rendered unenforceable, regardless of whether the employer relied on the illegal provision or if there was a severability clause.
The appeal was allowed.
