CITATION: Beanland v. Woodbine Racetrack Slots, 2007 ONCA 593
DATE: 20070904
DOCKET: C46168
COURT OF APPEAL FOR ONTARIO
SHARPE, CRONK and LANG JJ.A.
BETWEEN:
DON BEANLAND
Appellant
and
WOODBINE RACETRACK SLOTS AND ONTARIO LOTTERY AND GAMING CORPORATION
Respondents
Sara J. Erskine and Jordan Nichols for the appellant
Tom Moutsatsos and Elisha Jamieson for the respondents
Heard: August 31, 2007
On appeal from the order of Justice Spence of the Superior Court of Justice dated October 6, 2006.
APPEAL BOOK ENDORSEMENT
[1] We agree with application judge that the Fairness Appeal Program does not apply where the employer terminates the employee without cause by giving notice or paying damages in lieu of notice. The Program expressly excludes the Fairness Appeal process for “termination without cause or for determining issues of severance”. In view of that language, we do not accept the submission that the employer has surrendered or qualified its common law right to terminate the employee on proper notice. Where the employer elects to give notice or payment in lieu of notice, underlying concerns regarding the employee’s performance cannot in law convert a termination without cause into a termination for cause.
[2] In any event, on this record, we see no evidence of employer bad faith as alleged by the appellant. Accordingly, the appeal is dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursements and GST.