Client Win: How a single email secured full pay in a fixed-term contract case

Sometimes, all it takes to win a case is one overlooked detail—a single email that tells the real story. For our client in Ballim v. Bausch & Lomb Canada, that’s exactly what happened. What began as a frustrating dismissal from her job turned into a courtroom triumph that redefined her rights as an employee.

This case highlights how promises made, in writing, outside a formal contract can hold tremendous legal weight. Led by Partner Stan Fainzilberg, our team carefully pieced together the evidence to secure a powerful win, ensuring our client received the compensation she deserved.

Here’s how we transformed a contract dispute into a precedent-setting victory that sent a strong message to employers: if you say it, you’re bound by it.

The Case: Ballim v. Bausch & Lomb Canada

A New Opportunity: In November 2015, Ms. Ballim accepted an exciting opportunity to work for eye care company Bausch & Lomb, stepping into a role of Sale and Trade Marketing Coordinator as a temporary replacement for an employee on maternity leave. After a rigorous interview process, she received an email from the company’s HR manager with a clear message: “It is a one-year contract.” Attached to the email was an offer letter outlining her employment terms—but the letter itself didn’t mention the contract’s duration.

A Sudden Dismissal: Just three months into her role, Ballim requested a brief leave to address personal matters. Upon her return, she was blindsided: the company terminated her employment without cause and offered just two weeks of severance pay.

The Legal Battle: Bausch & Lomb claimed that the offer letter was the sole agreement and, since it didn’t specify a duration, her employment was indefinite. We argued otherwise. The email’s explicit reference to a “one year contract” was part of the employment agreement. Together with the offer letter, it formed a complete contract. Under Ontario law, if an employee on a fixed-term contract is terminated early, they are entitled to be paid for the balance of the contract term—without mitigation.

This wasn’t just about pay. For Ballim, who had accepted the job on clear terms, the dismissal was a devastating blow. Determined to seek justice, she turned to us for help.

The Court’s Decision

After reviewing the evidence, the court ruled in favor of our client:

1. The Email Was Binding: The court determined that the email stating “one year contract” was not extraneous but part of the employment agreement. Together, the email and offer letter created a fixed-term contract.
2. Employer Obligations: Terminating a fixed-term employee early obligates the employer to pay the full balance of the contract term. In Ballim’s case, this amounted to 38.5 weeks of pay, less the two weeks already provided.
3. No Mitigation Required: Unlike indefinite-term contracts, fixed-term agreements don’t allow employers to reduce damages by arguing the employee found another job.

Why This Case Matters

This decision highlights several key lessons:

For Employees

• Understand Your Contract: If your employer promises specific terms, such as a fixed duration, ensure they’re clearly documented.
• Fight for What You’re Owed: Even large companies must honour their agreements. If you’ve been wrongfully dismissed, don’t hesitate to seek legal help from our team.
• Fixed-Term Contracts Have Strong Protections: If terminated early, you may be entitled to the full value of your contract.

For Employers

• Be Clear and Consistent: Ambiguities in employment contracts can be costly. Ensure all agreements reflect your intentions.
• Emails Can Be Binding: Don’t assume informal communications won’t hold up in court—they often do.
• Respect Employee Rights: Terminating employees unfairly can lead to significant financial and reputational consequences.

We’re here to help

Facing an unexpected dismissal can leave you feeling overwhelmed and uncertain about your next steps. Whether it’s a dispute over contract terms, severance pay, or wrongful dismissal, you deserve clarity, support, and a fair resolution.

At Samfiru Tumarkin LLP, we specialize in securing strong outcomes for employees, resolving most cases quickly and effectively without the need for trial. When disputes escalate, as in Ballim v. Bausch & Lomb, we don’t hesitate to take the fight to court to ensure our clients receive the compensation they’re entitled to.

Since 2007, we’ve helped thousands of non-unionized employees across Ontario, Alberta, and B.C. stand up for their workplace rights. Our proven approach combines expert advocacy, strategic negotiation, and an unwavering commitment to justice.

If you’ve been wrongfully dismissed or believe your rights as an employee are being overlooked, contact us today. Let us guide you through your options and fight for the outcome you deserve.