Background:
Bradley Allan Hoem, a salesperson at Macquarie Energy Canada Ltd., was terminated without cause on November 29, 2022, after 17 years of employment. He sued for wrongful dismissal, claiming pay in lieu of notice, vacation pay, and aggravated and punitive damages. Macquarie defended the claim, arguing after-acquired cause for dismissal and seeking a set-off for alleged financial losses.
Key Legal Issues:
- Wrongful Dismissal & Notice Period – The court found the termination clause in Hoem’s contract unenforceable and awarded him 19 months’ notice ($836,424).
- After-Acquired Cause – Macquarie’s claims that Hoem engaged in workplace misconduct (dishonesty in an investigation and cannabis use at work) were rejected.
- Vacation Pay – Hoem was entitled to an additional $106,329 for vacation pay based on commissions.
- Mitigation – The court found that Hoem did not sufficiently seek comparable employment but ruled that Macquarie failed to prove alternative jobs were available.
- Set-Off Claim – Macquarie’s claim for $45,000 in losses due to unauthorized pricing was dismissed.
- Aggravated Damages – Hoem was awarded $35,000 for Macquarie’s breach of good faith in litigation.
Final Award:
The court awarded:
- $836,424 for reasonable notice
- $106,329 for vacation pay
- $35,000 in aggravated damages
- Set-off of $100,000 for severance already paid
- Further deduction for rental income, to be calculated by the parties
