The plaintiff, a 51-year-old service manager with 32 years of service, was terminated without cause.
He brought a motion for summary judgment for wrongful dismissal damages.
The defendant argued the plaintiff's recovery was limited to the $100,000 simplified procedure limit minus the $64,723 already paid.
The court held that because the action was transferred to the ordinary procedure, the limit did not apply, and regardless, voluntary payments are deducted from the total assessed damages, not the claim limit.
Applying the Bardal factors, the court awarded 18 months' notice.
The court also found the defendant failed to prove the plaintiff did not mitigate his damages.
The plaintiff was awarded $50,260 net of amounts already paid.
