Case Overview: John Teljeur, former General Manager of the Pinestone Resort & Conference Centre, sued for wrongful dismissal. He sought:

• Declaration of common employer status.
• 10 months' reasonable notice.
• Damages for lost benefits.
• Expense reimbursement ($16,680.03).
• Moral damages for bad faith ($20,000).

Key Issues:

1. Reasonable Notice:
   • Plaintiff: Claimed 10 months.
   • Defendants: Argued for 3.5-5 months.
   • Court: Awarded 7 months, considering his senior role, age (57), and COVID-19 employment challenges.
2. Fringe Benefits:
   • Court: Awarded 10% of salary for lost benefits.
3. Mitigation:
   • Defendants: Claimed plaintiff failed to mitigate damages.
   • Court: Found no evidence better efforts would have secured comparable employment.
4. Moral Damages:
   • Plaintiff: Alleged bad faith.
   • Court: Awarded $15,000 due to lack of written termination notice, delay in paying statutory entitlements, and employer’s suggestion for plaintiff to resign.

Court's Conclusion:

• Total Damages:
  • 7 months’ salary (less ESA payments).
  • 10% of salary for lost benefits.
  • $16,680.03 for expenses.
  • $15,000 for moral damages.
• Interest: Pre-judgment and post-judgment interest applied.

Key Legal Points:

• Reasonable Notice: Based on Bardal factors (length of service, employment character, age, job availability).
• Mitigation: Employer must prove lack of reasonable efforts and potential success of such efforts.
• Moral Damages: Awarded for untruthful, misleading, or unduly insensitive dismissal conduct causing mental distress.