Ellsworth v. Murray Canada Inc.
Wrongful Dismissal: Manufacturing Workers Awarded 10-12 Months Notice
Summary
A wrongful dismissal case involving two plaintiffs terminated following a plant closure in the manufacturing industry. The court applied the Bardal test to determine that the employer's provided notice was inadequate, awarding 10 and 12 months of reasonable notice respectively. The court also addressed the plaintiffs' mitigation efforts and granted summary judgment under Rule 76.06(14).
Outcome
Summary judgment granted upon evidence under Rule 76.06(14).
Award
Notice periods of 10 months and 12 months awarded for the two plaintiffs.
Key Factors
- wrongful dismissal
- reasonable notice
- Bardal factors
- mitigation of damages
- summary judgment
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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.