The plaintiff brought a wrongful dismissal action after being terminated following an argument with his employer regarding entitlement to statutory holiday pay.
The employer alleged just cause based on the employee’s failure to use a time clock and excessive personal cell phone use.
The court held that these behaviours had been treated only as minor irritants and were never accompanied by escalating discipline or warnings that termination could follow.
The court also rejected the employer’s argument that the claim was barred by s. 97 of the Employment Standards Act because the evidence did not establish that a formal ESA complaint had been filed, and in any event the court exercised its inherent jurisdiction to extend the withdrawal period.
Applying the Bardal factors, the court determined that six months’ reasonable notice was appropriate and awarded damages after accounting for mitigation income.