In
Battiston v Microsoft Canada Inc (“Microsoft”), an employee was wrongfully dismissed because his employer had failed to bring a harsh termination clause to his attention. The Ontario Superior Court of Justice’s decision in Microsoft resulted from a combination of the fact that the clause was relatively harsh as well as the fact that the employer had buried the clause deep within his employment contract and failed to sufficiently notify the employee of its contents.
The employer, in this case, was Microsoft Canada Inc, a subsidiary of Microsoft Corp, a global computer software and hardware company. The employee in Microsoft, Fransic Battiston, worked for Microsoft Canada for 23 years, working his way up to the position of Business and Operations Manager, Consulting and Support, until he was terminated without cause on August 10, 2018. During his employment by Microsoft Canada, the employee had received a compensation package that included a base salary, benefits with merit increases, as well as a cash bonus and stock awards. The employee’s bonuses and stock award accounted for about 30 percent of his total compensation.