Ontario Court Finds Independent Job Search Through Personal Network Does Not Amount to Inducement in Wrongful Dismissal Case
June 20, 2025
| By
Misbah Anis
Employment Litigation
Bottom Line
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.
Background Facts
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 after his dismissal from the Defendant, the Plaintiff secured a similar position with Gurucul Solutions, offering comparable compensation. The parties agreed that the Plaintiff did not fail to mitigate his losses by securing this new job.
Additionally, the Defendant conceded that the termination provisions in the Plaintiff’s employment agreement were not enforceable under Ontario law, thereby entitling the Plaintiff to reasonable notice under common law.
The Decision
One of the key issues in this case was whether the Plaintiff was induced to leave secure employment with Skybox. The Plaintiff argued that he was enticed by promises of greater career advancement opportunities with the Defendant, which he believed should justify a longer notice period. However, the Court found that the Plaintiff was not induced or actively recruited to join the Defendant. Instead, the opportunity was presented to him by a senior executive of the Defendant, with whom the Plaintiff had an established professional relationship. They had discussed career opportunities periodically, and it was in this context that the senior executive brought the Defendant’s position to the Plaintiff’s attention. The Court determined that the Plaintiff independently decided to pursue the opportunity and leave Skybox, without any inducement or misrepresentation on the part of the Defendant.
In considering the Plaintiff’s claim, the Court noted that his compensation package with the Defendant was similar to his package at Skybox, and that the Plaintiff had moved between several employers during his career. His mobility appeared to have enhanced his experience and contributed to his professional advancement. The Court also emphasized that the Plaintiff’s industry—software sales—has a high degree of mobility, which meant that the Plaintiff was in a strong position to secure new employment relatively quickly. Therefore, the Court concluded that the inducement factor was not significant enough in this case to affect the length of the reasonable notice period.
Takeaways
This decision highlights the distinction between inducement and simply becoming aware of an opportunity through one’s own network, and making an independent decision to pursue the new position. The Court found that when an employee learns of an opportunity through their own efforts and chooses to pursue it —without active recruitment or misrepresentation— it does not qualify as inducement at law, and it does not affect the notice period entitlement, particularly in high-mobility industries like sales.
Need More Information?
For more information or assistance with wrongful dismissal actions, contact Misbah Anis at manis@filion.on.ca or your regular lawyer at the firm.
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