Doran v. Ontario Power Generation Inc.
Constructive Dismissal: 24-Month Notice Awarded in Ontario Case
Summary
A constructive dismissal case where the plaintiff alleged that changes to compensation, job responsibilities, and reporting structure constituted constructive dismissal. The court applied the Farber test and found the cumulative effect of the changes to be a constructive dismissal. The plaintiff was awarded 24 months’ notice, with damages reduced by income earned during the notice period, resulting in a total award of $698,287.00.
Outcome
Plaintiff awarded $698,287.00 in damages after constructive dismissal was found.
Award
Plaintiff awarded 24 months’ notice based on Bardal factors, with damages reduced by income earned during notice period, resulting in $698,287.00 total award.
Key Factors
- constructive dismissal
- changes to compensation and job responsibilities
- Farber test
- duty to mitigate damages
- pay in lieu of notice
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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.