Larry v. Triple M Metal Inc.
Wrongful Dismissal: Employment Period Combination and Profit Sharing Entitlement
Summary
A wrongful dismissal case where the court considered whether the plaintiff’s employment with a predecessor company should be combined with his employment with the defendant for calculating reasonable notice. The court also addressed profit sharing entitlements for two fiscal years and determined a ten-month notice period based on Bardal factors. The plaintiff mitigated damages by securing new employment, resulting in no monetary award for the notice period.
Outcome
The court determined the employment periods should be combined, the plaintiff was entitled to profit sharing for the 2000 fiscal year but not for 2001, and a ten-month notice period was appropriate. The plaintiff mitigated damages, resulting in no monetary award for the notice period.
Award
No monetary award for the notice period due to mitigation and statutory payments already made.
Key Factors
- wrongful dismissal
- reasonable notice
- profit sharing entitlement
- Bardal factors
- 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.