The appellant appealed an order finding that the employer's Fairness Appeal Program did not apply to his termination.
The Court of Appeal dismissed the appeal, agreeing with the application judge that the program expressly excludes terminations without cause.
The court held that an employer's underlying concerns regarding performance do not convert a termination without cause into a termination for cause when the employer elects to provide notice or payment in lieu thereof.
No evidence of employer bad faith was found.
