The plaintiff, a 48-year-old senior executive, brought a wrongful dismissal action against his former employer seeking an 18-month notice period and various bonus entitlements.
The court first determined that the plaintiff was an independent contractor during his initial 18-month consulting period, meaning his length of service as an employee was only 19 months.
Applying the Bardal factors, the court found the employer's offer of 6.5 months' notice was reasonable.
The court dismissed the plaintiff's claims for additional bonuses under various incentive plans, except for a $15,000 SMART bonus.
However, the court allowed the employer an equitable set-off for a $70,830 overpayment, resulting in no further compensation for the plaintiff.
