Carter v. Packall Packaging Inc.

Summary

A wrongful dismissal case involving a plaintiff who was dismissed after ten years of employment as an extruder operator. The employer conceded the termination was without cause, and the court applied the Bardal factors to determine a reasonable notice period of twelve months. The case also addressed allegations of bad faith conduct, including a profane voicemail and allegations of misconduct in the Record of Employment, which led to an extension of the notice period under the Wallace principles. The court also ruled that the plaintiff did not fail to mitigate damages after retraining due to occupational asthma, as their reliance on medical advice was deemed reasonable.

Outcome

Notice period set at twelve months and extended to twelve months due to bad faith conduct; no failure to mitigate found.

Award

Notice period of twelve months based on base salary of $50,102; notice period extended to twelve months due to bad faith conduct.

Key Factors

• wrongful dismissal
• reasonable notice
• bad faith conduct
• Bardal factors
• Wallace principles
• mitigation of damages