Employee breached fiduciary duty when he drew up own unenforceable contract, but employer didn’t have just cause to dismiss him
An employment contract with a generous termination clause created out of the worker’s collusion and a conflict of interest is unenforceable, but the employer still has to have just cause for dismissal. Such was the case for an Ontario casino who got out of a seven-year contract with its general manager that had no early termination clause but still had to pay six-and-one-half months’ pay in lieu of notice because it didn’t follow its own progressive discipline policy.
