Humphrey v. Mene
Constructive Dismissal: COO Awarded 12 Months Notice
Appeal history
- Appealed to the Court of Appeal for Ontario: Humphrey v. Mene Inc., 2022 ONCA 531 (CanLII) (appeal allowed in part)
Summary
This case addresses constructive dismissal and wrongful dismissal involving a 32-year-old COO with three years of service. The court found the employer's conduct constituted constructive dismissal and repudiation of the employment agreement, rendering the 'Without Cause Termination Provision' void for lack of fresh consideration. The court set reasonable notice at 12 months, reduced the damages by one month's compensation for unreasonable mitigation, and awarded $50,000 in aggravated damages for mental distress and $25,000 in punitive damages for the employer's malicious conduct.
Outcome
Plaintiff awarded damages in lieu of 12 months' notice, less one month's compensation for unreasonable mitigation, plus $50,000 aggravated damages and $25,000 punitive damages.
Award
12 months' notice, less one month's compensation for unreasonable mitigation; $50,000 aggravated damages; $25,000 punitive damages.
Key Factors
- constructive dismissal
- reasonable notice
- aggravated damages
- punitive damages
- void termination clause
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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.