McLean v. The Raywal Limited Partnership
Wrongful Dismissal: Layoff vs. Dismissal Determined in 12-Year Employment Case
Summary
A wrongful dismissal case where a plaintiff, employed for over 12 years, was dismissed after 45 years of age. The court determined the appropriate notice period based on Bardal factors and found that the layoff provisions in the employment contract were not enforceable due to lack of consideration. The plaintiff's refusal of a recall offer was deemed reasonable, and ten months of notice were awarded.
Outcome
plaintiff awarded ten months of reasonable notice
Award
ten months of reasonable notice awarded
Key Factors
- wrongful dismissal
- reasonable notice
- layoff provisions
- 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.