Amberber v. IBM Canada Limited
Wrongful Dismissal: Termination Clause and ESA Compliance
Summary
A wrongful dismissal case where the court examined the enforceability of a termination clause in an employment contract, its compliance with the ESA, and whether it rebutted the presumption of common law reasonable notice. The plaintiff was dismissed without cause, and the termination clause was found to be ambiguous and non-compliant with statutory requirements.
Outcome
The termination clause was found to be ambiguous and non-compliant with statutory requirements, and the plaintiff was awarded damages.
Award
Damages awarded for reasonable notice and compliance with ESA requirements.
Key Factors
- wrongful dismissal
- termination clause enforceability
- Employment Standards Act (ESA) compliance
- common law reasonable notice
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.