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IBM successfully defends an alleged wrongful dismissal claim

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IBM Canada Ltd.

IBM Canada Ltd. (“IBM”) was successful in defending an alleged wrongful dismissal claim. The key issue in this case was whether the contractual severance provision was enforceable.

The Judge did not find the termination provision in the employment agreement to be ambiguous, and found that IBM could rely on the contractual severance provision. The employee did not have an entitlement to reasonable notice at common law. IBM had provided sufficient amount of notice and severance pay to the employee. The claim was dismissed.

IBM was represented by Lorene Novakowski and Alexandra MacCarthy (Employment).

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