The plaintiff brought a motion for summary judgment for wrongful dismissal after being terminated without cause after nine months of employment.
The plaintiff argued the termination clause in his employment agreement was unenforceable because it violated the Employment Standards Act.
The court found the termination clause enforceable, as it clearly limited the employer's obligations to the minimum statutory entitlements under the ESA.
The plaintiff's claim for common law damages was dismissed.
The court also assessed the hypothetical common law notice period at four months and determined the plaintiff would have been entitled to unvested Restricted Stock Units had the termination clause been unenforceable.