The plaintiff brought a motion for summary judgment in her wrongful dismissal claim against the defendant hospital.
The central issue was whether the termination clause in her employment agreement was enforceable.
The court found that several 'for cause' provisions in the agreement violated the Employment Standards Act, 2000 (ESA) by falling short of the narrow 'wilful misconduct' exemption.
Applying Waksdale, the court held that these illegal provisions rendered the entire termination clause unenforceable, despite 'saving' language in the contract.
The plaintiff was awarded 4.5 months of reasonable notice under common law.
