Michela v. St. Thomas of Villanova Catholic School
Wrongful Dismissal: Employer Finances and Notice Period
Summary
The Court of Appeal for Ontario heard an appeal regarding the reasonable notice period awarded to wrongfully dismissed teachers. The court addressed whether an employer's financial difficulties could reduce the notice period and whether the motion judge erred by presuming future employment opportunities. The appeal was allowed in part, with the court finding that financial difficulties do not justify reducing the notice period under the Bardal factors.
Outcome
Appeal allowed in part
Award
Notice period increased from six months to twelve months; leave to cross-appeal costs decision denied
Key Factors
- wrongful dismissal
- reasonable notice
- employer's financial circumstances
- mitigation of damages
- Bardal factors
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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.