Epoch v. Beaver Lumber Co.
Wrongful Dismissal: Employee Awarded 22 Months Notice for Unreasonable Termination
Summary
A wrongful dismissal case where an employee was terminated for cause, alleging misconduct including personal use of company property and misuse of funds. The employer’s failure to follow progressive discipline policies was found unreasonable, and the employee was awarded 22 months’ notice based on age, tenure, and position. The court also addressed the calculation of damages, including mitigation income, and determined that aggravated or punitive damages were not warranted.
Outcome
Employee awarded 22 months’ notice and compensation for lost wages, benefits, and pension contributions.
Award
Employee awarded 22 months’ notice based on age, tenure, and position, with damages calculated to include mitigation income.
Key Factors
- wrongful dismissal
- termination for cause
- reasonable notice
- quantum of damages
- employer’s failure to follow progressive discipline
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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.