In Thambapillai v Labrash Security Services ( 2017 CarswellOnt 19618 ) the Ontario Divisional Court overturned an award of $7,500 given to a 71 year old security guard making $24,000/ year . One of the reasons that the award was given initially by the trial judge was because the uncertain nature of the termination notice ” left him hanging in the wind for some seven months before his abrupt termination”. The Court did not think that warranted any damages for mental distress.
However the Superior Court in Galea v Wal-Mart Canada ( 2017 CarswellOnt 245) the Court awarded $250,000 in aggravated damages for just such behaviour. In that case Walmart left the Plaintiff, ( a senior executive making hundreds of thousands of dollars) ” drifting in the wind for almost a year ” from the time they told her that she was being removed from her position until they actually let her go, which was aproximately one year.
In neither case was there any medical evidence presented as to the Plaintiff’s medical condition
.It is difficult how such similar fact situations could result in such different legal outcomes.