Mastrogiuseppe v. Bank of Nova Scotia
Wrongful Dismissal: 28-Year Employee Awarded 22 Months Notice and Wallace Damages
Summary
A wrongful dismissal case involving a plaintiff with 28 years of service who was dismissed without notice or salary in lieu of notice. The court applied the Bardal factors to determine a 22-month notice period and awarded 8 months of Wallace damages for the manner of dismissal, which included allegations of dishonesty and improper personal relations. Punitive damages were also awarded for the employer’s oppressive conduct.
Outcome
Plaintiff awarded 22 months’ notice and 8 months’ Wallace damages, with punitive damages awarded for oppressive conduct.
Award
22 months’ notice plus 8 months Wallace damages for manner of dismissal, and punitive damages awarded for oppressive employer conduct.
Key Factors
- wrongful dismissal
- reasonable notice
- Bardal factors
- Wallace damages
- punitive damages
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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.