The plaintiff, a long‑term hospitality employee with approximately nineteen and a half years of service, brought an action for wrongful dismissal after being terminated following the purchase of a minority interest in a separate bar.
The employer alleged abandonment of employment, conflict of interest, dishonesty, intoxicated calls to the employer, and after‑acquired cause including drinking on duty and mismanagement of inventory.
The court found the plaintiff had not abandoned his employment and that the employer effectively terminated him by presenting a letter demanding resignation and release.
The court rejected the alleged just cause and after‑acquired cause allegations, finding the evidence insufficient and the bars were not competing businesses.
Applying common law notice principles, the court awarded twenty months’ reasonable notice, subject to mitigation.
