Leonard v. Kohler Canada Co. (Canac Kitchens)
Wrongful Dismissal: 16-Year Employee Awarded 18 Months Notice
Summary
A wrongful dismissal case involving a long-term employee with 16 years of service in a management position who was terminated due to an economic downturn. The employer offered severance based on the Employment Standards Act minimums, but the employee sought 30 months’ notice. The court awarded 18 months’ notice based on Bardal factors, considering the employee’s age, length of service, and limited re-employment prospects. The court also excluded prior employment from 1979–1988 from the severance calculation, as the employee had voluntarily left in 1988. The court declined a trust order for unexpired notice period payments due to the employee’s age and limited re-employment prospects.
Outcome
Employee awarded 18 months’ notice and severance compensation without a trust condition.
Award
Employee awarded 18 months’ notice based on Bardal factors and severance payments without a trust condition.
Key Factors
- termination without cause
- reasonable notice
- severance compensation
- Bardal factors
- length of service
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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.