Noseworthy v. Riverside Pontiac-Buick Ltd.
Wrongful Dismissal: Office Manager Awarded 15 Months Notice and Damages
Summary
A wrongful dismissal case where the plaintiff, an Office Manager aged 63 with four years of service, was terminated without cause. The employer alleged cause based on irregular cheque-signing practices, but the court found the grounds insufficient and pretextual. The notice period was increased from ten to fifteen months due to aggravating circumstances, and the plaintiff was awarded aggravated damages, mental distress damages, and punitive damages.
Outcome
Plaintiff awarded aggravated damages, mental distress damages, and punitive damages; notice period increased to fifteen months.
Award
Aggravated damages awarded for harm caused by defendants’ conduct; mental distress damages awarded based on psychiatric evidence; punitive damages awarded to condemn defendants’ callous actions; notice period increased to fifteen months.
Key Factors
- wrongful dismissal
- termination without cause
- reasonable notice
- aggravated damages
- mental distress 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.