Martin Sheard secured his client general and moral damages in a landslide victory following a three day trial in C.A. v. Aya Lasers Inc.
The plaintiff in Aya Lasers was employed by the Defendant for seven months prior to her termination. Following the termination, the plaintiff was unemployed for several months before acquiring an inferior position at a different job.
The Defendant argued that the Plaintiff was dismissed for just cause. However, the trial judge found that the Defendant failed to establish just cause, and further dismissed the Defendant’s failure to mitigate argument.
The trial judge awarded the Plaintiff $43,305, or payment in lieu notice totalling four months, plus a loss of commission sales.
Notably, the trial judge further awarded the Plaintiff moral damages totalling $5,000, for the following reasons at paragraph 56:
Aya dismissed [the Plaintiff] in a manner that was insensitive. More important, Aya pursued an aggressive and improper litigation strategy, taking advantage of its superior resources and [the Plaintiff’s] economic vulnerability. It failed to deal with her fairly and in good faith. It was foreseeable that she would suffer harm and in fact she was driven to the point of bankruptcy. I find that she suffered upset and distress that extend beyond what is normally to be expected […] The award is to compensate her for the injury suffered by [the plaintiff] in consequence of Aya’s conduct.
Later, at a costs hearing, Martin Sheard won costs plus disbursements against the Defendant.
Have you been wrongfully dismissed from your employment? You may be entitled to compensation. Call Inlet Employment Law today for a consultation. The first call is always free.
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