The plaintiff brought a summary judgment motion arising from a without-cause dismissal after 16 years of service as a specialized national account sales representative in the corrugated packaging and recycling industry.
Applying the reasonable notice factors, the court fixed notice at 16 months, emphasizing the employee’s age, lengthy service, specialized role, and the limited availability of comparable employment in a narrow industry.
The court rejected a claim for an enhanced 2012 bonus based on alleged unilateral changes to bonus criteria, but held that the bonus plan was an integral part of compensation during the notice period and awarded damages for bonus, group insurance benefits, pension contributions, and car allowance.
The court also rejected the employer’s mitigation defence and granted summary judgment for $131,515.35.
