In Pitre et al v Lake Shore Holdings ( 2019 NBQB 316) Judge Doyle awarded notice of approximately 1 month per year of service to a varied group of nursing home employees whose ages ranged from 22 to over 50 and whose service ranged from 1.5 to 5 years. The judge also awarded damages based on their net pay not thier gross pay . The judge also found that their employment was terminated because the plaintiffs had filed complaints with the government department responsible for the regulation of the home. However he only awarded modest aggravated damages of $2,000 and $2,700.
1. The judge purported to apply the Bardal principles but completely ignored the age issue.
2. Awarding $2,000 for aggravated damages is so modest as to be irrelevant, especially when he found that the plaintiffs were fired because they filed a complaint with the appropriate govt authority. He also denied them punitive damages.
3. Damages are to be calculated on gross income, not net. These damages are now subject to be taxed a second time as this is taxable income.
4. The judge also denied the claim against the personal owner. As this case was undefended, it seems unlikely that the plaintiff will ever recover anything.