Portugal v. Car Park Management Services Ltd.
Wrongful Dismissal: 11-Year Parking Attendant Awarded 12 Months Notice
Summary
A wrongful dismissal case involving a parking lot attendant employed for 11 years, aged 59, with limited transferable skills and poor English proficiency. The employer dismissed the employee after alleging theft and unsatisfactory lot check, but failed to prove the allegations. The court awarded 12 months’ notice, applying the Bardal factors, and found no bad faith in the dismissal. The case also addressed whether disability payments should reduce wrongful dismissal damages, with the court ruling they should not.
Outcome
Plaintiff awarded 12 months’ notice, no bad faith found, and costs fixed at $8,600 in legal fees and $713.76 in disbursements.
Award
12 months’ notice awarded; costs fixed at $8,600 in legal fees and $713.76 in disbursements.
Key Factors
- wrongful dismissal
- just cause
- reasonable notice
- Bardal factors
- bad faith dismissal
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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.