Keays v. Honda Canada Inc.

Summary

A wrongful dismissal case where an employee with 14 years of service was terminated without cause. The employer failed to establish just cause, and the dismissal was deemed disproportionate under the McKinley v. BC Tel framework. The notice period was extended to 24 months due to the employer’s bad faith conduct, including misrepresentation of medical opinions and failure to accommodate the employee’s chronic fatigue syndrome under the Ontario Human Rights Code.

Outcome

Notice period extended to 24 months due to employer’s bad faith conduct

Award

Notice period extended to 24 months under Wallace factors for egregious bad faith conduct

Key Factors

• wrongful dismissal
• just cause
• bad faith discharge
• human rights discrimination
• reasonable notice period