WRONGFUL DISMISSAL DAMAGES - Duration of employment - Damages for mental distress

Law360 Canada (January 12, 2023, 7:01 AM EST) -- Claim for damages sought by the Plaintiff for wrongful dismissal. The Plaintiff was an esthetician who worked part time at the Beauty Express salon. She was terminated without cause in the latter half of 2019 and was given just over 11 weeks’ working notice. The Plaintiff’s T-4 slips showed that for her last three years of employment, she earned $12,892 in 2017, $20,416 in 2018, and $26,003 in 2019. Both sides agreed that the Plaintiff worked for Beauty Express for six years from 2013 to 2019. The Plaintiff, who was otherwise described by her counsel as a meticulous record keeper, apparently had no tax slips or any other evidence of her pre-2017 earnings. Likewise, Beauty Express, who issued her paycheques every month and her tax reporting every year and had accountants prepare the relevant paperwork, apparently had a hard drive problem and had also retained nothing from prior to 2017. The claim raised four issues of controversy: did the employment agreement between the parties limit the amount of pay, how long did the Plaintiff work, was the Plaintiff entitled to aggravated or punitive damages, and did Beauty Express discriminate against the Plaintiff....
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