The appellant appealed the dismissal of her summary judgment motion in a wrongful dismissal action against her former employer.
The appellant was employed under a one-year fixed-term contract and was terminated after less than three months without notice or payment in lieu.
The motion judge dismissed the action, finding the termination valid under the contract and that the appellant was not entitled to statutory notice under the Employment Standards Act.
The Court of Appeal allowed the appeal, finding that the termination provisions in the employment contract were void as they violated the Employment Standards Act.
The court awarded the appellant damages equal to her salary for the remaining weeks of the unexpired contract term, without deduction for mitigation.
