Martin Sheard achieved a tremendous result for a client who was wrongfully dismissed from her managerial position after nine months. After running a successful trial, Martin obtained $45,000 in damages for his client ($47,346 in 2020 dollars).
S.D. v. Canada Shineray Suppliers Group Inc. (“Shineray”)
Facts:
The plaintiff in Shineray commenced employment with the defendant company in July 2015. The plaintiff entered into a five-year contract which entitled her to three months’ notice. The plaintiff was responsible for managing day-to-day operational tasks and hitting long term profit targets.
The plaintiff worked for the defendant for nine months, before she was terminated with one day’s notice, contrary to the contract.
The plaintiff commenced an action in April 2016.
The defendant argued that:
- The plaintiff was an independent contractor, not an employee;
- The plaintiff breached her contract; and
- The plaintiff was dismissed for just cause or after-acquired cause.
and therefore the plaintiff was not entitled to damages.
The trial judge made the following findings:
- The plaintiff was an employee, not an independent contractor;
- The plaintiff did not breach her contract; and
- The defendant did not establish just cause for dismissal or after-acquired cause.
The trial judge awarded the plaintiff damages in lieu of notice totalling three months, as per her contract, or $15,000.
Notably, the trial judge also awarded the plaintiff aggravated damages. Aggravated damages are damages resulting from an unfair or bad faith dismissal by the employer. The damages range from $10,000 to $30,000. The plaintiff was awarded the upper-end amount of $30,000 under this head of damages.
Later at a costs hearing, Martin Sheard won costs on an elevated scale, and costs against opposing counsel personally.
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.
Contingency fee agreements and hourly fees are available – call for more information at (604) 39 INLET (604-394 6538).