Jimmy How Tein Fat v. PRGX Canada Corp.
JIMMY HOW TEIN FAT
PRGX CANADA CORP.
Law Firm / Organization
McCague Borlack LLP
Lawyer(s)

Martin A. Smith

  • Facts: After 29 years with PRGX, Jimmy How Tein Fat was terminated due to restructuring. He sought damages for 24 months' notice, asserting entitlements beyond the 34 weeks of severance provided.
  • Issues: Appropriate notice period, mitigation of losses, entitlement to bonus, vacation pay, and damages calculation.
  • Ruling: The court awarded How a 24-month notice period, with total damages of $1,593,933.06, reduced by severance already paid, resulting in $1,323,401.86 plus applicable benefits and interests.
  • Key Points:
    • How's long tenure, senior position, and age justified a 24-month notice period.
    • How made reasonable efforts to mitigate his losses, and PRGX failed to prove otherwise.
    • Entitlement to bonuses and vacation pay during the notice period was upheld.
  • Amount Awarded: $1,323,401.86 plus group health benefits until July 29, 2024.
Superior Court of Justice - Ontario
CV-22-00685549-0000
Employment law
$ 1,323,402
Plaintiff