Prozak et al. v. Bell Telephone Co. of Canada

1982 CanLII 1981 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Breach of Employment Contract and Commission Recovery

Summary

A wrongful dismissal case where plaintiffs were dismissed after their employer unilaterally altered their employment terms without consent. The court ruled that the employer's actions constituted a breach of contract, allowing the plaintiffs to recover commissions earned under the original terms, while denying claims for nervous distress due to insufficient evidence.

Outcome

Plaintiffs entitled to recover commissions earned under original employment terms; claims for nervous distress denied.

Award

Damages awarded for loss of opportunity to earn commissions, discounted for uncertainties; commissions earned under original terms recovered.

Key Factors

  • breach of employment contract
  • alteration of employment terms
  • wrongful dismissal
  • recovery of commissions
  • loss of opportunity 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.