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Ponce c. Montrusco & Associés inc., 2008 QCCA 329 (CanLII)

Issue:  Abuse of rights in the termination of employment.  Complete Decision.

The employer, Montrusco, recruits and encourages the employee to leave his previous employment to join Montrusco.  Eight months later, Montrusco terminates the employee.  The employee claims compensation for moral damages as a result of alleged abuse of right by the employer.

Decision:  The Court dismisses the employees claim.  The employer’s decision to terminate the contract of employment, even after eight months does not constitute an abuse of rights.  The proof did not reveal the the termination was accompanied by conduct that was either misleading, in bad faith, offensive, fraudulent or done in a manner that was faulty.