Gonsalves v. Catholic Church Extension Society of Canada
Wrongful Dismissal: 22-Year Employee Awarded 20 Months Notice After Sexual Harassment Allegations
Summary
A wrongful dismissal case where the plaintiff was dismissed after allegations of sexual harassment. The employer failed to provide a warning or opportunity to correct the behavior, and the plaintiff was entitled to compensation for lack of notice. The plaintiff had 22 years of service and was dismissed at age 59, with an appropriate notice period of 20 months determined. The case also addressed compensation during the notice period, pension and gratuity benefits, and additional entitlements such as sick leave and vacation pay.
Outcome
Plaintiff entitled to compensation for lack of notice and appropriate notice period of 20 months
Award
Compensation calculated based on salary at time of dismissal ($66,262.56), 20 months' notice period, entitlement to accumulated sick leave and vacation pay, and mitigation expenses of $327.21 reimbursed
Key Factors
- wrongful dismissal
- termination for cause
- sexual harassment
- notice period
- compensation during notice period
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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.