A long-service legal secretary sued for wrongful dismissal after her employer retired and later asserted cause when she claimed additional notice.
Applying the contextual just cause analysis from McKinley, the court held the alleged insolence, performance deterioration, and absenteeism did not amount to cause, particularly after 26 years of service and in light of condonation.
The court also rejected the mitigation defence and applied the Bardal factors to fix reasonable notice at 21 months.
Damages of $46,407 for wrongful dismissal and $7,500 in aggravated damages were awarded, but punitive damages were denied.
