The plaintiff, a 70-year-old senior executive with 30 years of service, brought a motion for summary judgment for wrongful dismissal.
The court awarded a 24-month reasonable notice period based on the Bardal factors.
However, the court dismissed the plaintiff's claims for lost bonus during the notice period and a pro-rated bonus for the year of termination, finding that the bonus plan's language unambiguously excluded such payments upon termination.
The court ordered the employer to pay the balance of the notice period in monthly installments, subject to the plaintiff's continuing duty to mitigate.
