Waterman v. Frisby Tire Co. (1974) Ltd.
Wrongful Dismissal: 21-Year Employee Awarded 18 Months Notice
Summary
A wrongful dismissal case involving a long-term employee terminated after 21 years of service. The court found insufficient evidence of just cause for termination and awarded 18 months' notice. The employee also challenged the enforceability of a release signed under pressure, which was granted relief due to inequality of bargaining power. Claims for mental distress and punitive damages were dismissed for lack of evidence.
Outcome
Plaintiff awarded 18 months' notice, relief granted from release, and claims for mental distress and punitive damages dismissed.
Award
Plaintiff awarded 18 months' salary as reasonable notice; relief granted from release; mental distress and punitive damages claims dismissed.
Key Factors
- wrongful dismissal
- just cause
- reasonable notice
- unconscionable release
- Bardal factors
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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.