Hamza Bettah

The plaintiff, a Vice President of Acquisitions and Asset Management and Chief Compliance Officer, was terminated by the defendant after three months less one day of employment.

The plaintiff claimed wrongful dismissal, arguing that the termination clause in the employment agreement was void and unenforceable as it violated the Employment Standards Act, 2000.

The court found that the termination clause, including the probationary employment provision, was void and unenforceable because it purported to give the employer more expansive termination rights than those established in the ESA.

The court held that the plaintiff was entitled to reasonable notice upon termination and awarded three months' notice, resulting in damages of $44,644.46 for base salary, benefits, and reimbursement of professional examination fees.

The court rejected claims for bonus compensation, aggravated damages, and punitive damages.

The plaintiff, Henry Brent Shelp, brought a motion for summary judgment in a wrongful dismissal action against GoSecure Inc. The main issues were the period of common law reasonable notice and the calculation of income loss, particularly entitlement to sales commissions during the notice period.

The court found the matter suitable for summary judgment and determined that the reasonable notice period was six months.

The court also held that the plaintiff was entitled to damages including base salary, commissions, benefits, and cell phone allowance for the notice period, less mitigation income and amounts already paid.

The total damages awarded were $163,659.92 plus pre-judgment interest.