Plaintiff
Defendant
Case Overview:
The case involved a claim for wrongful termination and damages. John Denton, a former service manager at Korpan Tractor and Parts (operated by the defendants), alleged he was constructively dismissed and sought damages in lieu of reasonable notice.
Key Facts:
Denton resigned during a heated workplace incident on July 15, 2020, but later claimed he rescinded the resignation. The defendants issued a letter in November 2020 asserting they accepted his resignation. Denton argued this constituted termination without cause.
Legal Issues:
Constructive Dismissal: Denton argued the toxic work environment and the employer's handling of his situation amounted to constructive dismissal.
Termination Without Cause: The court concluded Denton had not resigned but was terminated without cause.
Reasonable Notice: The court determined Denton was entitled to 24 months' notice, considering his seniority, age, and 24 years of service.
Mitigation of Damages: Denton did not seek alternative employment, citing severe mental and physical health challenges. The court accepted this explanation.
Court Decision and Award:
The court awarded Denton $355,450.44 in damages for 24 months' notice. This was reduced by $7,000 for short-term disability payments, resulting in a total award of $348,450.44. The court declined to deduct a $21,056.57 settlement from a separate insurance dispute.
Costs:
Denton was also awarded costs under Column 1 of the applicable tariff.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-SA-00604-2021Practice Area
Employment lawAmount
$ 348,450Winner
PlaintiffTrial Start Date
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