Moldovanyi v. Kohler Ltd.

2009 CanLII 7094 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: 19-Year Employee Awarded 14 Months Notice

Summary

A wrongful dismissal case involving a non-managerial employee with 19.25 years of service. The court applied the Bardal factors to determine a 14-month reasonable notice period and awarded $1,750 for replacement insurance costs. The court also ruled that statutory entitlements are not subject to mitigation under Boland v. APV Canada Inc.

Outcome

Plaintiff awarded 14 months’ notice and $1,750 for replacement insurance; claim for career counseling denied due to lack of evidence.

Award

14 months’ notice including salary and benefits; $1,750 for replacement insurance costs.

Key Factors

  • wrongful dismissal
  • reasonable notice
  • Bardal factors
  • statutory entitlements
  • replacement insurance costs

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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.