Farah Rahman appealed a summary judgment dismissing her wrongful dismissal action.
The motion judge had found her employment contracts' termination provisions valid under the ESA and that only one entity, CDAI, was her employer.
The Court of Appeal allowed the appeal, finding that the "just cause" termination provision in the employment contract violated the ESA by allowing termination without notice for conduct less than "wilful misconduct," rendering all termination provisions void.
The Court also found that the motion judge made palpable and overriding errors in determining the employer, concluding that the corporate respondents were common employers due to their high level of integration and control over Ms. Rahman.
The case was remitted to the Superior Court for damages quantification.
