The appellant employee was laid off after seven years of employment and subsequently paid his minimum entitlements under the Employment Standards Act.
He sued for wrongful dismissal, arguing the layoff was a constructive dismissal and that the employer's breach, along with its failed after-the-fact allegation of just cause, precluded it from relying on the employment contract's termination clause.
The Divisional Court dismissed the appeal, holding that neither the constructive dismissal nor the failed just cause defence prevented the employer from invoking the contractual provision limiting severance to the statutory minimums.
