The plaintiff, Steven Kerzner, brought a motion for summary judgment in a wrongful dismissal action against American Iron & Metal Company Inc. (AIM).
Kerzner sought common law notice based on 35 years of service, arguing that termination provisions and restrictive covenants in his fixed-term employment contracts were invalid and unenforceable.
AIM counterclaimed for breach of non-solicitation and non-competition clauses and fiduciary duties.
The court found that the termination provisions were valid based on a 2008 release limiting service to 7 years for ESA purposes, but the non-competition and non-solicitation clauses were unreasonable and unenforceable given the fixed-term nature of the contract and broad geographic scope.
The court dismissed AIM's counterclaim for breach of restrictive covenants and fiduciary duty, and held that Kerzner was entitled to the contractual termination payment without a duty to mitigate.
