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.
