The plaintiff employee brought a motion to determine two questions of law following his dismissal without cause.
First, he argued that the termination clause in his employment contract was void because it excluded the continuation of group insurance benefits during the statutory notice period, contrary to the Employment Standards Act, 2000.
Second, he argued he was entitled to statutory severance pay because the employer's global payroll exceeded $2.5 million, even though its Ontario payroll did not.
The court agreed on both issues, finding the termination clause null and void for violating the Act's minimum standards, and ruling that the calculation of an employer's payroll under section 64 is not restricted to wages paid in Ontario.
