Gristey v. Emke Schaab Climatecare Inc.
Wrongful Dismissal: 12-Year Employee Awarded 8 Months' Notice
Summary
A wrongful dismissal case where a 12-year employee was terminated without cause. The court reduced the notice period from 12 months to 8 months due to economic factors, found the plaintiff adequately mitigated damages, and calculated wrongful dismissal damages based on 8 months' pay after statutory and mitigation deductions.
Outcome
plaintiff awarded 8 months' pay in lieu of notice after mitigation and statutory deductions
Award
8 months' pay calculated as $55,000 annual salary less statutory deductions and mitigation income
Key Factors
- wrongful dismissal
- reasonable notice period
- mitigation of damages
- calculation 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.