The plaintiff brought an undefended wrongful dismissal action after his employers' statement of defence was struck and they were noted in default.
The court accepted the pleaded facts and evidence that the plaintiff, a commissioned sales employee with approximately 7½ years of service, was terminated without cause and without adequate explanation.
Applying the Bardal factors, including the employee’s age, length of service, commissioned nature of the position, and limited alternative employment opportunities due in part to a medical condition, the court determined that 12 months’ reasonable notice was appropriate.
The court also found that the manner of dismissal—sudden termination at the employee’s home with vague insinuations of dishonesty—constituted unfair and unduly insensitive conduct causing mental distress.
Damages were awarded for reasonable notice and moral damages arising from the manner of dismissal.
