Antonacci v. Great Atlantic & Pacific Co. of Canada
Wrongful Dismissal: 24-Month Notice Awarded for Long-Term Employee
Summary
A wrongful dismissal case involving a long-term employee dismissed without cause, where the employer alleged poor performance and harassment but failed to provide sufficient warnings or evidence. The court applied Bardal factors and Wallace principles to determine the reasonable notice period and awarded aggravated damages for the employer’s conduct in falsely claiming dismissal for cause to the Workers’ Compensation Board. The court also addressed whether the employment contract was frustrated due to the plaintiff’s medical condition and whether Workers’ Compensation benefits should be deducted from wrongful dismissal damages.
Outcome
Aggravated damages awarded for loss of re-employment rights; notice period determined using Bardal factors and Wallace principles; Workers’ Compensation benefits deducted from damages without grossing up for tax treatment.
Award
Aggravated damages awarded for loss of re-employment rights under the Workers’ Compensation Act; notice period determined using Bardal factors and Wallace principles; Workers’ Compensation benefits deducted from wrongful dismissal damages without grossing up for tax treatment.
Key Factors
- wrongful dismissal
- notice period
- aggravated damages
- mitigation of damages
- workers' compensation benefits
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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.