Wigdor v. Facebook Canada Ltd.
Facebook Canada Wrongful Dismissal: 10 Months Notice Awarded
Summary
The Court of Appeal for Ontario allowed an appeal regarding the enforceability of termination clauses in an employment contract and the calculation of damages for wrongful dismissal. The court found that the termination provisions were unenforceable because they contravened the Employment Standards Act, 2000, specifically regarding probationary periods and the forfeiture of restricted stock units (RSUs). Consequently, the court upheld a common law notice period of 10 months and awarded damages for the RSU losses, while denying punitive damages due to the employer's conduct not being sufficiently reprehensible.
Outcome
appeal allowed
Award
10 months' notice; RSU damages awarded; punitive damages denied
Key Factors
- termination clauses
- ESA compliance
- reasonable notice
- RSU forfeiture
- punitive damages
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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.