The plaintiff employee moved to Ottawa for family reasons and sought to telecommute to his Toronto-based job.
The employer agreed only on the condition that the plaintiff sign a new fixed-term employment contract.
When the contract was not renewed, the plaintiff sued for wrongful dismissal, arguing the new contract was void for lack of consideration, duress, lack of agreement, and breach of the Employment Standards Act.
The court dismissed the motion for summary judgment and the action, finding the contract was validly formed with consideration and without duress.
While an early termination clause violated the ESA, it was severable, and the fixed-term provision remained valid.
