A homebuilder’s failure to help a dismissed 49 year old Store Manager with her job search resulted in a court award of $58,000 in damages for wrongful dismissal representing 8 months’ severance based on her salary of $80,000 and five years of service.
The judge declined to enforce the termination clause in her contract, as the just cause provision included a definition of cause that was broader than that in the Employment Standards Act, 2000.
At summary judgment, the employer claimed that the manager had failed to take reasonable steps to mitigate her damages, pointing to evidence that she had not applied to any other jobs for eight months post-termination, as well as LinkedIn statistics showing other employees in similar positions had found new roles during that time.
The judge disagreed, finding that the manager’s delayed job search was due to her daughter’s cancer diagnosis and eventual death. In addition, he noted that courts have encouraged employers to provide evidence of the help they have offered their employees in their job search if claiming failure to mitigate.
No assistance was provided to the manager here. “It provided no job counselling. It provided no leads for any jobs. It did not provide the plaintiff with a reference letter,” the judge added.
To read the decision, tap the link: https://ow.ly/ojsj50RorcX
