John Teljeur (Respondent) was dismissed without cause by the Aurora Hotel Group and associated companies (Appellants). The trial judge awarded him damages based on a 7-month notice period, compensation for lost benefits, reimbursement of expenses, and moral damages amounting to $15,000.
The appellants challenged the trial judgment, particularly the findings on the respondent's mitigation efforts, the calculation of lost benefits, and the award of moral damages.
Key Points:
Mitigation of Loss: The trial judge found that the respondent made reasonable efforts to mitigate his losses post-dismissal. The appellants contested this but failed to prove that alternative employment opportunities would have reduced the losses.
Lost Benefits: Benefits were awarded at 10% of the severance pay. The appellants argued no actual loss was demonstrated, but the court upheld the trial judge's assessment, finding no palpable errors in the calculation.
Moral Damages: The trial judge awarded moral damages based on the appellants' conduct, which was found to be censurable. The appellants argued that some grounds for these damages were not initially pleaded, but the court found the claims were appropriately pleaded and substantiated.
Outcome:
The appeal was dismissed. The appellate court confirmed all aspects of the trial decision, emphasizing that the appellants' conduct justified the moral damages. Costs of $5,500 were awarded to the respondent for the appeal.
