A long‑term employee brought a motion for summary judgment following termination for alleged insubordination related to sales to a delinquent customer.
The employer asserted just cause and argued that the written employment agreement providing twelve months’ notice was unenforceable.
The court found that the employment agreement was valid and enforceable, noting that the employer prepared the agreement, signed it, and implemented its terms, including a salary increase tied to the contract.
Applying the contextual approach to just cause for dismissal, the court held the alleged conduct did not amount to wilful disobedience or insubordination justifying summary termination, particularly given the employee’s exemplary record and lack of documented warnings.
Summary judgment was granted and the employee was awarded damages equal to twelve months’ salary pursuant to the contractual notice provision.