The plaintiff brought a civil action for wrongful dismissal and damages for discrimination under the Human Rights Code following termination after approximately 16 months of employment.
The employer conceded insufficient notice but argued that termination resulted from a corporate restructuring and sale of a business division.
The court applied the Bardal factors and determined reasonable notice to be three months given the employee’s age, position, and short tenure.
The court further found that the employer’s insistence on a complete recovery before permitting a return to work and its conduct surrounding termination demonstrated that the employee’s disability was a significant factor in the dismissal, contrary to s. 5(1) of the Human Rights Code.
The plaintiff was awarded damages for wrongful dismissal and $20,000 in compensation under s. 46.1 for discrimination.
