The defendant employer brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal claim.
The defendant argued the claim was based solely on the Employment Standards Act and that the plaintiff sued prematurely before the 35-week temporary layoff period expired.
The court dismissed the motion, finding the statement of claim was broad enough to encompass common law claims, including allegations of deceit regarding the layoff notice, and that genuine issues of credibility required a trial.
