The plaintiff brought a motion for summary judgment seeking damages for wrongful dismissal after signing a release at the time of termination.
The employer relied on the signed release to bar the claim.
The court applied the unconscionability framework from Titus v. William F. Cooke Enterprises Inc. and held that the release was unenforceable due to a grossly improvident settlement, lack of independent legal advice, a significant imbalance of bargaining power at termination, and the employer’s conduct in presenting the release in a misleading and presumptive manner.
After setting aside the release, the court assessed reasonable notice under the Bardal factors.
Considering the employee’s nearly twenty years of service, age, and limited employment prospects, the court fixed reasonable notice at twelve months.
