In the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the “Court”) discussed the enforceability of employment contracts containing references to “at will” employment from the defendant company’s American corporation. The Court also upheld the defendant’s challenge to the plaintiff’s mitigation efforts on the basis of a failure to produce a Notice of Assessment.
The plaintiff was employed by the defendant for approximately eight years when he was terminated as part of company-wide layoffs. At the time of his termination, the plaintiff was employed as a Senior Success Signature Engineer – Core and was 49 years old. The plaintiff’s employment contract contained a termination clause purporting to limit his entitlements on termination. However, the plaintiff argued that the employment contract did not comply with the Employment Standards Act, 2000 (“ESA”) and was unenforceable.
In a motion for summary judgment, the Court considered whether the plaintiff’s employment contract was enforceable and emphasized that employment agreements must be interpreted as a whole, rather than on a piecemeal basis. Significantly, the defendant’s “global employees handbook” (the “Handbook”) was attached to the contract, and the plaintiff was required to sign the Handbook when he accepted the employment offer. The Handbook contained language stating as follows:
The company is regulated by different local laws where it...
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