Antidormi v. Blue Pumpkin Software Inc.
Facts: Antidormi, a 43-year-old senior employee, was induced to leave her lucrative and stable position with another company to join the employer, Blue Pumpkin Software Inc. The employer promised Antidormi that her position would be secure providing she performed well. Antodormi performed well, despite the fact that the employer misrepresented the opportunities available to her, yet she was dismissed without cause 6 months after being hired. The employer claimed termination was necessary to reduce business costs and to save the company from bankruptcy. The employer treated her cruelly at the time of dismissal and afterwards, refused to provide a letter of reference or any outplacement assistance. This malicious behaviour continued following termination, as the employer only provided Antidormi with her Record of Employment and T-4 slip after great delay and repeated requests. Further, the employer failed to participate in mandatory mediation and refused to communicate responsibly with Antidormi or her legal counsel. Despite an extensive job search lasting 18 months, Antidormi was unable to secure another job. Four weeks after terminating her employment, the employer paid Antidormi the outstanding commissions owed to her. Given that Antidormi was the primary income earner in her family, the termination resulted in great financial and emotional strain.
Issues: (1) What is the reasonable notice period for an employee who was dismissed 6 months after being hired?; (2) Did the employer's conduct in the course of dismissal amount to bad faith conduct, justifying an extension of the notice period?
Result: The employer's behaviour at the time of termination, the refusal to participate in mandatory mediation as well as the failure to provide necessary financial information and assistance finding employment, demonstrates bad faith conduct. The employer refused to address Antidormi's concerns and failed to treat her fairly, reasonably or decently. This amounts to unduly insensitive conduct that has affected her emotionally and professionally, thus, warranting compensation. Antidormi would not have left her prior employment but for the enticements of the employer. She made reasonable efforts to find comparable employment, but due to the manner of termination, the bad faith conduct of the employer and the senior character of her position, the possibility of finding employment became increasingly difficult.
Position: Territory Manager
Age: 43 years of age (41 at the time of termination)
Salary: Base salary of $173,580.00 plus eligibility to receive commissions of $173,580.00 if Antidormi met sales targets and performed management business objectives, plus benefits and stock options.
Length of Service: 6 months
Result (award): 10 months notice plus an additional 2 months for the employer's bad faith conduct; $320,000.00 plus the value of benefits during the notice period minus the amounts received for the four-week period after termination; reimbursement of expenses incurred while attempting to mitigate damages during the notice period.