Key Points:
- Parties: Zong Li Julie Zheng (Plaintiff) vs. China Southern Airlines Company Limited (CSA) (Defendant)
- Background: Zheng sought damages for wrongful dismissal after CSA terminated her employment. The court reviewed the case under the Bardal factors, considering Zheng's specialized skills, inducement to leave secure employment, length of service, age, and the limited availability of similar employment.
Court Findings:
- Character of Employment: Zheng's specialized skills in the niche airline travel market between Vancouver and China warranted a longer notice period.
- Length of Service: Zheng served CSA for nine years.
- Age: At 57, Zheng faced a competitive disadvantage in finding alternative employment.
- Availability of Alternative Employment: Limited opportunities in the niche market and COVID-19 impacts.
- Reasonable Notice Period: 20 months was deemed appropriate.
- General Damages: Total general damages awarded were $98,832.75.
- Aggravated Damages: Zheng was awarded $35,000 for the psychological injuries caused by CSA’s breach of good faith in the manner of dismissal.
- Punitive Damages: $75,000 awarded for CSA’s harsh, vindictive, and malicious conduct, including false allegations and damaging Zheng’s reputation.
Conclusion:
The court awarded damages to Zheng for wrongful dismissal, aggravated damages for psychological injuries, and punitive damages for CSA’s reprehensible conduct. This case underscores the importance of fair and reasonable dismissal practices and highlights the consequences of employer misconduct.
