The plaintiff, a dental hygienist, was dismissed without cause after less than six months of employment.
She brought a motion for summary judgment for wrongful dismissal damages.
The defendant employer alleged she had fabricated evidence of her job search to prove mitigation.
The court found the employer failed to prove the mitigation fraud allegation.
Applying the Waksdale rule, the court held the employment contract's termination clause was void because its 'for cause' provision violated the Employment Standards Act.
The court awarded a three-month notice period and declined to deduct the plaintiff's CERB payments from the damages award.