Kroll v. 949486 Ontario Inc.
Wrongful Dismissal: Manager Awarded 6-Month Notice Period
Summary
A wrongful dismissal case involving a plaintiff who was terminated after six years of managerial employment in the restaurant industry. The court determined a six-month notice period was reasonable based on Bardal factors and bad faith dismissal. The plaintiff also challenged the validity of a termination agreement signed under alleged duress, and was granted relief due to inequality of bargaining power and lack of legal advice. The case also addressed joint and several liability among corporate defendants and the issue of punitive damages in bad faith dismissal.
Outcome
Plaintiff awarded six-month notice period, relief from termination agreement, and defendants held jointly and severally liable. No punitive damages awarded.
Award
Six-month notice period awarded; plaintiff relieved from termination agreement; defendants jointly and severally liable for damages; no punitive damages awarded.
Key Factors
- wrongful dismissal
- reasonable notice
- termination agreement
- duress
- joint and several liability
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.