Court examines whether non-renewal of fixed-term employment contract constitutes dismissal requiring notice
A former employee commenced an action against his former employer and two individual supervisors for wrongful dismissal. The employee alleged his dismissal resulted from workplace discrimination, harassment, and racism on the part of the employer.
The employee claimed the employer acted in bad faith in connection with his termination and sought both general damages and punitive damages.
The employer brought a motion seeking summary judgment on the grounds that the employee was not dismissed but was a fixed-term employee whose contract was not renewed.
The employee immigrated to Canada as a refugee and began work with the employer in 2005. Between that time and early 2016, the employee worked either in a casual or part-time position. During this period, the employee's hours varied significantly depending on the time of year and availability of funding.
In early 2016, the employee began full-time employment via a series of fixed-term employment contracts varying in length, duties, pay, and work hours. The first of these fixed-term contracts began with a two-month term. The employee signed the contract, confirming he understood its terms and accepted them.
From then until early 2020, the employee's contract was renewed on roughly a yearly basis. Beginning in 2020, the employee accepted shorter fixed-term contracts necessitated by...
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