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Damages of $40,986.02 awarded for wrongful dismissal after deducting mitigation earnings from self-employment.
The plaintiff was previously granted default judgment for wrongful dismissal, with damages set at 13 months' notice ($66,249.95) less mitigation.
In this supplemental endorsement, the court assessed the plaintiff's mitigation earnings from self-employment and another job.
Applying the principles from Brake v. PJ-M2R Restaurant Inc., the court deducted $25,263.93 in mitigation earnings, resulting in a final damages award of $40,986.02.
Default judgment granted for wrongful dismissal; 13 months' notice awarded to warehouse manager.
The plaintiff sought default judgment for wrongful dismissal after being laid off from his position as a warehouse manager.
The defendant company was noted in default and did not defend the action.
The court found that the plaintiff was constructively dismissed and applied the relevant factors to determine the appropriate notice period.
The court awarded damages based on a 13-month notice period, plus a bonus entitlement, less mitigation.
