The plaintiff brought a wrongful dismissal action following termination after 14 years of employment as an accounts receivable/payroll administrator.
The primary issue was the appropriate period of reasonable notice and the quantum of damages where the trial occurred before the full notice period had elapsed.
Applying the Bardal factors, the court determined that a reasonable notice period was 12 months.
However, only 10 months had passed since termination and the plaintiff failed to provide sufficient evidence establishing that she would be unable to mitigate during the remaining period.
The court awarded damages for the proven 10 months of unemployment, less amounts already paid, and ordered conditional payment of the remaining two months subject to mitigation if no employment was obtained.
