Bram A. Lecker

The appellant company appealed a trial decision finding that two kitchen cabinet installers were dependent contractors entitled to 26 months' reasonable notice upon termination.

The appellants argued the workers were independent contractors because they had performed some work for a competitor in the two years prior to termination.

The Court of Appeal dismissed the appeal, holding that exclusivity must be assessed over the full history of the relationship, during which the workers had served the company almost exclusively for over 25 years.

The Court also upheld the 26-month notice period, finding that the workers' age, length of service, and economic dependence constituted exceptional circumstances justifying an award beyond the usual 24-month cap.

The respondent, a 38-year employee of the Danbury group of companies, was terminated without cause at age 73 and denied compensation or pension payments.

The trial judge found the various appellant companies jointly and severally liable for wrongful dismissal and pension obligations under the common employer doctrine.

The Court of Appeal dismissed the employers' appeal, affirming the trial judge's factual findings that the companies were sufficiently interconnected to be considered a common employer, including a newly formed entity that the respondent helped establish prior to his termination.