Kurtz v Carquest Canada Ltd.
Wrongful Dismissal: Senior Employee Awarded 8 Months' Notice and Benefits
Summary
A wrongful dismissal case where an employee with 5.5 years of service was terminated due to alleged incompetence. The court found the employer failed to meet the criteria for legal cause and awarded eight months' notice and certain benefits. The employee's mitigation efforts were deemed reasonable, and claims for moral and punitive damages were dismissed. The case also involved tax reimbursement for overpaid taxes due to an employment contract provision.
Outcome
Employee awarded eight months' notice and certain benefits, claims for moral and punitive damages dismissed, and employer reimbursed for overpaid taxes for 2009.
Award
Employee awarded eight months' pay, healthcare costs, automobile use benefit, and vacation pay. Employer reimbursed for 2009 overpaid taxes.
Key Factors
- wrongful dismissal
- reasonable notice
- mitigation of damages
- tax reimbursement
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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.