Daniels v. Canadian Gift and Tableware Assn.
Wrongful Dismissal: 5-Year Employee Awarded 8 Months Notice
Summary
A wrongful dismissal case involving a plaintiff dismissed at age 57 after five years of service for alleged insubordination and misconduct. The court assessed the reasonable notice period at eight months and calculated damages based on Bardal factors, less mitigation income. The case also examined whether the employer met its duty to warn and whether cumulative misconduct justified dismissal.
Outcome
Plaintiff awarded damages based on a reasonable notice period of eight months, less mitigation income.
Award
Damages calculated based on Bardal factors, less mitigation income; reasonable notice period of eight months awarded.
Key Factors
- wrongful dismissal
- termination for cause
- insubordination
- cumulative misconduct
- reasonable notice period
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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.