TRIAL WIN: Alarashi v. Big Brothers Big Sisters of Toronto

Alarashi v. Big Brothers Big Sisters of Toronto

Samfiru Tumarkin LLP is proud to announce that Toronto employment lawyer and firm partner David Vaughan successfully represented his client, Emad Alarashi, at the Ontario Superior Court of Justice.

In Alarashi v. Big Brothers Big Sisters of Toronto (BBBST) our client argued that the termination clause in his employment contract was not valid and enforceable. Alarashi was let go from his position without cause and offered five weeks salary, or severance pay, in lieu of notice. BBBST stated that the severance provided was one week’s salary more than the four weeks minimum required by Ontario’s Employment Standards Act (ESA).

Why the Termination Clause Was Not Valid

Vaughan advanced three grounds as to why the termination clause in the contract was not valid:

1. The termination clause that indicates insurance benefits will continue, makes coverage contingent on the insurance company, which is contrary to the ESA;
2. The termination for cause provision allows for termination for conduct which falls short of willful misconduct, contrary to the ESA; and
3. The termination clause sets out an entitlement on termination to severance pay, whereas these are both available where an employee is eligible.

Justice’s Decision

Justice Lorne Sossin confirmed our third argument, and found that our client is, in fact, entitled to common law severance pay.

Read the full decision here.