Deplanche v. Leggat Pontiac Buick Cadillac Ltd.
Wrongful Dismissal: Inducement and Mitigation Affect Notice Period and Damages
Summary
A wrongful dismissal case where the plaintiff alleged she was induced to leave a stable job to join the defendant, which affected the notice period. The court found inducement occurred and awarded an eight-month notice period. The plaintiff’s mitigation efforts were limited due to personal circumstances and the employer’s refusal to provide a reference, resulting in a 15% reduction in damages.
Outcome
Plaintiff awarded damages of $34,275 after a 15% reduction for insufficient mitigation efforts.
Award
Damages awarded of $34,275, calculated from a monthly income of $5,250 and reduced by 15% for insufficient mitigation.
Key Factors
- wrongful dismissal
- reasonable notice
- mitigation of damages
- refusal to provide reference
- inducement to leave secure employment
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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.