Dunlop v. Interspec Systems Ltd.
Wrongful Dismissal: Age Discrimination & Default Judgment
Summary
This is a merits decision granting default judgment in a wrongful dismissal case involving an employee terminated via relocation over 100 km without notice. The court found wrongful dismissal established, applying Bardal factors and mitigation principles to calculate damages for unpaid wages, vacation, benefits, and statutory pay under the ESA. Additionally, human rights damages were awarded for age discrimination targeting an older workforce, and joint and several liability was imposed on related corporations and the president under the oppression remedy.
Outcome
Default judgment granted; wrongful dismissal established; damages awarded for notice, ESA entitlements, and human rights violations; joint and several liability imposed.
Award
Damages awarded for pay in lieu of notice (calculated using Bardal factors and mitigation), unpaid wages, unpaid vacation, benefits, and statutory pay under the ESA. Human rights damages awarded in the medium range for age discrimination. Joint and several liability imposed on related corporations and the president.
Key Factors
- wrongful dismissal
- reasonable notice
- ESA entitlements
- age discrimination
- default judgment
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