The plaintiff, a 50-year-old American, was transferred by his employer to manage a distribution centre in Ontario.
After 5.5 years of total service, he was terminated for alleged incompetence and substandard performance.
The court found the employer failed to prove just cause, as the plaintiff was not given adequate warning or reasonable time to correct the inherited problems at the facility.
The court awarded eight months' pay in lieu of notice, along with benefits and vacation pay, but dismissed claims for relocation costs, moral damages, and punitive damages.
The employer's counterclaim for tax overpayments was allowed.
