Briggs v. Treco Machine & Tool Limited

2009 CanLII 67656 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: 24-Month Notice Awarded for Layoff Without Recall

Summary

A wrongful dismissal case where the plaintiff was laid off without notice and had benefits removed, leading to a finding that the employer breached the employment contract. The court awarded 24 months' notice based on the plaintiff's age, narrow skill set, and physical limitations, and also awarded $20,000 in costs on a substantial indemnity basis.

Outcome

Plaintiff awarded 24 months' notice and $20,000 in costs on a substantial indemnity basis.

Award

24 months' notice awarded and $20,000 in costs on a substantial indemnity basis.

Key Factors

  • wrongful dismissal
  • constructive dismissal
  • reasonable notice
  • employability challenges
  • costs on substantial indemnity basis

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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.