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Termination clause held invalid due to ambiguity regarding severance pay; common law damages awarded.
The plaintiff brought a motion for summary judgment for wrongful dismissal damages, arguing the termination clause in his employment contract was unenforceable.
The court found that while provisions regarding health benefits and termination for cause were valid, the clause was ambiguous as to whether it excluded severance pay when providing termination pay.
Due to this ambiguity, the termination clause was held invalid.
The plaintiff was awarded common law damages for the period between his termination and when he mitigated his damages by finding new employment.
The Court of Appeal upheld an employment contract clause restricting bonus payouts upon termination without cause.
An employee appealed a trial judgment dismissing his claim for unpaid bonuses following termination without cause.
The employment contract contained a limitation clause stating that bonuses did not accrue and were only earned and payable on the designated pay-out date.
The trial judge found the limitation clause unambiguous and enforceable.
The Court of Appeal upheld this decision, finding that the parties had clearly agreed on how and when bonuses would be declared, earned, accrued, and paid.
The court rejected arguments based on unconscionability and public policy, noting that the bonus provisions were freely negotiated.
The appeal was dismissed with costs awarded to the respondent.
