Randhawa v. Everest & Jennings Canadian Ltd.
Wrongful Dismissal: Summary Judgment for Notice Period Damages
Summary
A wrongful dismissal case where an employee was terminated after absence from work due to medical reasons. The employer alleged voluntary resignation or misconduct, but summary judgment was granted for damages based on notice period, with Bardal factors applied. The case also involved the application of issue estoppel from the Board of Referees' decision under the Unemployment Insurance Act.
Outcome
Summary judgment granted for damages of $8,116.05
Award
Damages of $8,116.05 awarded based on notice period
Key Factors
- wrongful dismissal
- summary judgment
- Bardal factors
- issue estoppel
- mitigation of 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.