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Due to the COVID-19 pandemic, Glenmore Printing Ltd. had laid off Ross Forbes, a senior pressman, resulting in a constructive dismissal. The dispute centered around the severance payment. Glenmore relied on the Termination Clause in Forbes' employment agreement, while Forbes argued that it did not meet the minimum requirements of the Employment Standards Act. Glenmore maintained that they had fulfilled their obligation by paying six weeks' wages as per the Termination Clause. If the clause was unenforceable, Forbes claimed he was entitled to eight months' reasonable notice. Glenmore contended that Forbes had failed to mitigate damages by rejecting alternative employment. The main issue was the enforceability of the Termination Clause. It was determined that the enforceable Termination Clause, aligned with the notice stated in s. 63 of the ESA, entitled Mr. Forbes to the maximum notice or pay. Since Glenmore had fulfilled its obligation by providing six weeks' pay according to the Termination Clause, the action against it was dismissed. Costs were awarded to Glenmore.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S-211311Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
DefendantTrial Start Date