Chevalier v. Active Tire & Auto Centre Inc.
Constructive Dismissal: 33-Year Employee Entitled to 24 Months Notice
Summary
A constructive dismissal case involving a 33-year employee who was constructively dismissed. The court determined a 24-month notice period based on age, position, and service. The case also addresses the plaintiff's mitigation efforts and the entitlement to moral damages.
Outcome
plaintiff awarded 24 months notice and no moral damages
Award
24 months' salary in lieu of notice
Key Factors
- constructive dismissal
- notice period
- mitigation of damages
- Bardal factors
- Evans v. Teamsters
- Wallace and Honda principles
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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.