Background:
Xing (Vincent) Sui sued his former employer, HungryPanda Tech Ltd., for wrongful dismissal after being terminated without cause. Sui worked as the general manager for HungryPanda’s Canadian operations from May 2021 to October 2022.

Legal Issues:
The case centered on the enforceability of a termination clause in Sui’s employment agreement. Sui argued that the agreement lacked fresh consideration (new benefits) when it was signed after an earlier email agreement. He also claimed that the termination clause potentially violated the Employment Standards Act (ESA) by not providing adequate notice. HungryPanda argued that the formal employment contract superseded any prior agreement and included sufficient consideration, such as benefits.

Court's Analysis:
The court found that the initial email exchanges formed a binding employment contract, and the later agreement lacked fresh consideration. As a result, the termination clause was deemed unenforceable, and Sui was entitled to reasonable notice under common law. The court determined that a six-month notice period was appropriate, given Sui’s role in senior management and the constraints on finding new employment.

Award:
The court awarded Xing (Vincent) Sui $64,526.71 in damages for wrongful dismissal. Additionally, the court allowed Sui to recover costs on Scale B, unless the parties raised further matters.