Amanda D. Boyce

This appeal concerned the interpretation of "employer" under the Occupational Health and Safety Act (OHSA) following a fatal workplace incident.

The City of Greater Sudbury, which had contracted out road repairs, was acquitted at trial and on first appeal, with courts finding it was neither an "employer" nor "constructor." The Court of Appeal for Ontario reversed, holding that the City was indeed an "employer" under OHSA because its own employees (inspectors) were present and performing tasks at the project site, satisfying the first branch of the "employer" definition.

The case was remitted to the appeal court to consider the City's due diligence defence, which had not been addressed by the appeal judge.

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.