Murrell v. Burns International Security Services Ltd.
Wrongful Dismissal: Manager Awarded 8 Months Notice
Summary
The plaintiff, a manager, was dismissed without notice or payment in lieu, with the employer alleging just cause due to sexual harassment and discrimination. The court found the employer failed to prove the harassment allegations and that the prior incidents did not justify dismissal, ruling the termination was wrongful. The plaintiff was awarded eight months' notice based on their managerial position, abrupt dismissal, and the presence of a non-compete agreement.
Outcome
Plaintiff awarded damages for wrongful dismissal
Award
Eight months' notice; damages for salary, bonus, car allowance, health benefits, and earned trip
Key Factors
- wrongful dismissal
- just cause
- sexual harassment
- burden of proof
- reasonable notice
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