Employer dismissing employee without cause — Employee refusing termination package and suing for wrongful dismissal — Employer later invoking just cause for dismissal as defence before the courts — Employee bringing motion for summary judgment of action — Court of first instance granting summary judgment in employer’s favour, even though it brought no formal motion for that relief — Whether provisions in employment contracts that address only termination notice and severance pay entitlements in the event of a termination without cause, but are silent with respect to statutory entitlements under employment standards legislation, are legally enforceable — Whether providing a gratuitous payment to an employee upon termination precludes an employer from relying on just cause for termination — Whether a respondent can be granted summary judgment in its favour if it has not filed a cross-motion formally seeking that relief — Rules of Court, NB Reg 82 73, R. 22.04 — Employment Standards Act, S.N.B. 1982, c. E 7.2, s. 30(2). — dismissed 03/18/2021 — Supreme Advocacy acted as agent for the Applicant.

Read the lower court decision from the NBCA here.