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Employment & Labour

Div. Ct overturns claim, SC awards $250,000 for similar behaviour

By Barry B. Fisher

In this case, the Ontario Divisional Court overturned an award of $7,500 given to a 71-year-old security guard making $24,000/year. One of the reasons that the award was given initially by the trial judge was because the uncertain nature of the termination notice “left him hanging in the wind for some seven months before his abrupt termination.” The court did not think that warranted any damages for mental distress.

However, the Superior Court in this case awarded $250,000 in aggravated damages for just such behaviour. In that case, the company left the plaintiff, (a senior executive making hundreds of thousands of dollars) ”drifting in the wind for almost a year” from the time they told her that she was being removed from her position until they actually let her go, which was approximately one year.

In neither case was there any medical evidence presented as to the plaintiff’s medical condition.

It is difficult how such similar fact situations could result in such different legal outcomes.

Read More at Barry Fisher’s Employment Law Blog

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