In the recent case of Shelp v. GoSecure Inc., the Superior Court of Justice (the “Court”) ruled through a summary judgement motion that a Plaintiff’s independent job search, including discovering opportunities through personal networks, does not constitute inducement and does not affect the reasonable notice period in a wrongful dismissal case. The Court found that the Plaintiff was not actively recruited by the Defendant, and that his decision to follow up on an opportunity he learned about through his network was voluntary.
In October of 2021 the plaintiff, Henry Shelp (the “Plaintiff”), commenced employment with GoSecure, a U.S. based company in the security software sector (the “Defendant”) as the Vice President of Sales for Ontario and Western Canada. In this position, the Plaintiff had an attractive compensation package that included a base salary of $190,000, commissions up to $190,000, benefits, and a monthly cell phone allowance.
After only 10 months in the role, the Plaintiff’s employment was terminated on August 5, 2022, as part of a company-wide downsizing due to an economic downturn. The termination was not for cause, and the Defendant paid the Plaintiff one week's salary following his dismissal in accordance with his Employment Standards Act, 2000 entitlements.
Prior to joining the Defendant, the Plaintiff had been in a secure consulting agreement with his previous employer, Skybox.
Approximately 11 months...
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