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Wrongfully dismissed executive awarded 12 months' notice and punitive damages for employer's bad faith.
The plaintiff, a Global Strategic Client Executive earning approximately $760,000 annually, brought a motion for summary judgment for damages arising from his termination without cause by Oracle Canada ULC.
The court awarded 12 months of reasonable notice based on the Bardal factors, including the character of his specialized employment, his age (61), short length of service (3.7 years), and Oracle's failure to provide a meaningful letter of reference.
The court rejected Oracle's mitigation argument as unsupported by affirmative evidence.
The plaintiff was awarded damages for base salary, commissions (calculated on a three-year average), benefits (10% of base salary), and RRSP matching contributions (6% of base salary), less working notice and mitigation income.
The court also awarded punitive damages equal to the withheld commissions for Oracle's breach of the duty of good faith in failing to pay statutory entitlements during the notice period and maintaining an untenable legal position without explanation.
Complaint dismissed for lack of jurisdiction as it was filed outside the mandatory 14-day statutory window.
The complainant was dismissed for cause and filed a complaint with the Public Service Grievance Board.
The employer raised a preliminary objection that the complaint was filed outside the mandatory 14-day window following the expiry of the 30-day dispute resolution period under Ontario Regulation 378/07.
The complainant argued that 'days' should be interpreted as business days, excluding weekends and holidays, in accordance with the Board's Rules.
The Board held that the computation of time provisions in the Legislation Act, 2006 apply to the Regulation, meaning 'days' refers to calendar days.
As the complaint was filed outside the mandatory time limit, the Board lacked jurisdiction to hear it.
The complaint was dismissed.
