The plaintiff, a senior staff accountant, sued her former employer for wrongful dismissal, breach of contract, negligence, and intentional infliction of mental distress after her employment was terminated following a period of workplace conflict and medical leave.
The court found that the employer had acted professionally and in good faith throughout, dismissing the claims for bad faith, negligence, and intentional infliction of mental distress.
The court awarded the plaintiff 10 months' salary in lieu of notice.
Applying the principles from Sylvester, the court held that short-term disability benefits paid directly by the employer during the notice period should be deducted from the damages, but long-term disability benefits paid by a third-party insurer should not be deducted.
