The respondent was dismissed without cause from his managerial position after 13 months of service.
The trial judge awarded a base notice period of six months and added two three-month Wallace extensions for bad faith in the manner of dismissal, along with damages for mitigation expenses and loss of an Employee Stock Purchase Plan.
On appeal, the Court of Appeal upheld the six-month base notice period but set aside the Wallace extensions, finding no evidence of bad faith or high-handed conduct by the employer.
The court also adjusted the damages for mitigation expenses and the stock purchase plan.
