The plaintiff, Joseph Grimaldi, sued the defendants for wrongful dismissal after being terminated without cause less than five months into his employment as a senior project manager.
Grimaldi claimed entitlement to a payment based on shares in the defendant company as part of his employment contract.
The court interpreted the employment contract, finding that shares would only transfer after five years of service and annual payments were akin to a bonus based on company value.
The court assessed reasonable notice using Bardal factors, finding no inducement or bad faith dismissal.
It determined a reasonable notice period of five months and two weeks.
Grimaldi's claims for annual payment and shares were dismissed due to the notice period not reaching the accrual date and lack of evidence for company valuation.
The claim against the individual defendant, Vince Volpe, was dismissed due to lack of evidence for personal liability.
