The plaintiff, a 59-year-old senior designer, brought a motion for summary judgment against his former employer, Thumper Massager Inc., alleging wrongful termination without proper notice or pay in lieu thereof after less than six months of probationary employment.
The plaintiff sought damages for pay in lieu of notice, expenses, and benefits.
The court found that the plaintiff was bound by the six-month probationary period in his employment contract and that the employer was entitled to dismiss a probationary employee without cause or notice, provided the assessment of suitability was not performed in bad faith.
The court determined that the defendant had provided a fair opportunity to the plaintiff and did not act in bad faith in terminating his employment.
Consequently, the plaintiff's claim was dismissed, and summary judgment was granted in favour of the defendant.