Ryshpan v. Burns Fry Ltd.
Wrongful Dismissal: 11-Year Employee Awarded 12-Month Notice and Bonus Damages
Summary
A wrongful dismissal case involving an employee with 11 years of service who was dismissed without cause. The court determined a 12-month notice period based on Bardal factors and awarded $65,000 in damages for non-discretionary bonuses. The employee also sought punitive damages, which were dismissed due to lack of evidence of egregious conduct.
Outcome
Plaintiff awarded $65,000 in damages for bonuses, notice period determined as 12 months, punitive damages claim dismissed.
Award
Employee awarded $60,000 for the bonus period and $5,000 for a special bonus related to a specific deal, and a 12-month notice period was determined.
Key Factors
- wrongful dismissal
- reasonable notice period
- Bardal factors
- non-discretionary bonus
- severance pay
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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.