Fewer v. Toromont Industries Limited
Wrongful Dismissal: 22.5-Year Employee Awarded 16 Months Notice
Summary
A wrongful dismissal case involving an employee with 22.5 years of service who was terminated at age 47. The court determined the dismissal was unjustified under the contextual approach in McKinley v. B.C. Tel and awarded 16 months' reasonable notice. The case also addressed the inclusion of bonuses, stock options, and relocation expenses in damages, as well as the employer's counterclaims for expenses.
Outcome
Dismissal found unjustified; 16 months' notice awarded; partial compensation for bonuses, stock options, and relocation expenses; partial recovery of employer's counterclaims.
Award
16 months' notice period; damages for salary, bonuses, stock options, and relocation expenses; partial recovery of employer's counterclaims for log splitter and personal flights.
Key Factors
- wrongful dismissal
- termination for cause
- contextual approach
- reasonable notice
- compensation during notice period
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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.