Blair Curtis and Kemily Ho worked together on this case to obtain a judgment for 12 months’ notice for Blair’s client, who was a 45 year old manager with just under 10 years of service. Kemily argued the case at the Summary Trial in B.C. Supreme Court.
Madam Justice Beames ruled that the employee was entitled to compensation for the following items on top of his base salary for his notice period: a pro-rata portion of an annual bonus; employer contributions through a stock option plan; and pension contributions.
The judge rejected the former employer’s argument that the employee had failed to mitigate his losses.