Background:
Margaret Christine Thompson sued Revolution Resource Recovery Inc. in the Supreme Court of British Columbia after her employment was terminated without cause. She worked as a Key Accounts Manager for over three years.
Legal Issues:
The court addressed:
- Whether cashing a severance cheque released Revolution from liability.
- The appropriate reasonable notice period for termination.
- Whether Thompson failed to mitigate her damages.
- Entitlement to commissions during the notice period.
- Claims for unpaid bonuses.
- Entitlement to punitive damages.
Findings and Award:
- The court ruled that cashing the cheque did not release Revolution from liability, as Thompson had explicitly rejected the severance terms.
- A five-month reasonable notice period was deemed appropriate after reducing the standard six months for insufficient mitigation efforts.
- Thompson was awarded $6,399.62 per month for five months in lost commissions.
- Her claim for unpaid bonuses was dismissed due to lack of evidence.
- Revolution was found to have acted in bad faith by withholding wages and attempting to pressure Thompson into releasing her claims. This conduct warranted $25,000 in punitive damages.
Disposition:
Margaret Christine Thompson was awarded $56,998.10 in damages (including punitive damages) and costs in the cause as the successful party.