J. v. Household Financial Corp.
Constructive Dismissal Case: 12 Months Notice Awarded
Summary
A constructive dismissal case where the plaintiff alleged that the employer unilaterally altered their role and responsibilities following a reorganization, constituting a fundamental breach of the employment contract. The court applied the Farber test to determine constructive dismissal and awarded 12 months' notice, considering the plaintiff’s age, position, and length of service. The case also addressed mitigation of damages and bonus entitlement.
Outcome
Plaintiff awarded 12 months' notice and damages, with mitigation efforts deemed reasonable and bonus not considered integral to remuneration.
Award
Plaintiff awarded 12 months' notice; bonus not considered integral to remuneration package.
Key Factors
- constructive dismissal
- reasonable notice
- mitigation of damages
- bonus entitlement
- Bardal factors
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More Ontario employment decisions from the 1990s
This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. 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.