The plaintiff brought a summary judgment motion in a wrongful dismissal action after being terminated without cause following more than 36 years of service.
Applying the Bardal factors, the court fixed reasonable notice at 24 months, holding that age, lengthy service, lifelong employment, and pandemic-era job market conditions placed the case at the high end of the range, but did not amount to extraordinary circumstances warranting notice beyond 24 months.
The court further found the employer breached its duty of good faith and fair dealing in the manner of dismissal by using a defective termination letter, failing to clearly advise of statutory entitlements and benefit continuation, and mishandling post-termination payments, causing compensable mental distress.
Damages of $146,743.21 were awarded, plus interest, subject to mitigation through a trust over earnings during the balance of the notice period.
