An employer appealed a summary judgment awarding an employee 18 months reasonable notice at common law for wrongful termination.
The motion judge found that the employer breached the termination clause in the employment agreement by failing to consider the employee's years of service, position, and age when fashioning the termination package, thereby repudiating the entire employment agreement.
The Court of Appeal set aside the summary judgment, finding that the motion judge decided the case on a legal theory of liability that was neither pleaded nor advanced by the employee, denying the employer the opportunity to lead responsive evidence and compromising hearing fairness.
The matter was remitted for a new hearing before a different judge.
