W. Mark Fryer

The plaintiff attended a status hearing to show cause why his wrongful dismissal and defamation action should not be dismissed for delay under former Rule 48.14(13).

The plaintiff, who was self-represented for much of the litigation, explained the delay was due to not receiving a certification form and suffering from severe health and family issues.

The court accepted the explanation and found the defendant would suffer no non-compensable prejudice, as documents were preserved and the defendant's claim of missing witnesses was unsubstantiated.

The action was allowed to continue and restored to the trial list with no order as to costs.

The plaintiff brought a motion for summary judgment in a wrongful dismissal action.

He claimed he was induced to leave his previous employment and sought 12 months' notice, along with compensation for a discretionary bonus.

The court found no inducement, as the plaintiff actively sought the position and negotiated his terms.

The court awarded 4.5 months' reasonable notice, considering his age, position, short tenure, and the time of year he was terminated.

The claim for bonus damages was dismissed because the bonus plan was purely discretionary and required active employment at year-end.

The plaintiff was also awarded mitigation expenses and health benefits, subject to deductions for earnings from his new employment.