Fisher v Hirtz

2016 ONSC 4768 (CanLII)Decided Wrongful dismissal

Wrongful Dismissal: Painter Engaged as Employee Entitled to Notice

Summary

A wrongful dismissal case where the court determined the plaintiff, engaged as a painter under an oral agreement, was an employee entitled to reasonable notice. The court also ruled that the plaintiff did not fail to mitigate damages and found no basis for punitive damages.

Outcome

plaintiff awarded reasonable notice and mitigation of damages, no punitive damages awarded

Award

two months' reasonable notice

Key Factors

  • wrongful dismissal
  • reasonable notice
  • worker classification
  • mitigation of damages

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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.