Ashton v. Perle Systems Ltd.
Constructive Dismissal: 15 Months Notice & Punitive Damages
Summary
This is a merits decision in a wrongful and constructive dismissal action where the court determined whether the plaintiff was dismissed or resigned and assessed damages. The court applied the Bardal factors to determine a 15-month notice period and awarded damages for unpaid bonus, relocation costs, and employer misconduct, including $10,000 in punitive damages and $5,000 in aggravated damages.
Outcome
Plaintiff awarded 15 months' notice, damages for breach of contract, and punitive and aggravated damages.
Award
15 months' notice; $10,000 punitive damages; $5,000 aggravated damages; damages for unpaid bonus, relocation costs, and other contractual breaches.
Key Factors
- constructive dismissal
- reasonable notice
- Bardal factors
- punitive damages
- aggravated 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.