Costa v. Electec Engineering Inc.

Costa v. Electec Engineering Inc.

Adjudicator found effective notice was not specific or date‑certain until January 21, 2014; applying Bardal factors to a 54‑year‑old technical AutoCAD employee with 7.13 years’ service and limited local re‑employment prospects, claimant was entitled to 25 weeks reasonable notice. Damages calculated as 25 weeks’ wages ($20,081.25) plus vacation ($2,395.00) and benefits ($500.00) totalling $22,976.25; prejudgment interest $500.00 and costs $243.55, for a total judgment of $23,719.80. Employment Insurance benefits are not deductible from the award; any statutory EI repayment is a matter for Service Canada/parties to resolve.

Citation
2015 NSSM 1
Parties
Claimant: Perry Costa; Defendant: Electec Engineering Incorporated
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 January 2015
Procedural Posture
Wrongful Dismissal (small Claims) / Decision on Merits
Outcome
Judgment for Claimant
Legal Topics
Wrongful Dismissal, Notice Period, Damages, Mitigation, Employment Insurance/collateral Benefits
Source Language
English
Employment Law Labour Law Small Claims Court Wrongful Dismissal Notice Period Damages Mitigation Employment Insurance/collateral Benefits

Case Brief

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Parties

Perry Costa

Claimant

Electec Engineering Incorporated

Defendant

Procedural Posture

Wrongful Dismissal (small Claims) / Decision on Merits

Legal Issues

  1. 1 Whether employee was dismissed without cause
  2. 2 When effective notice was given (date notice began)
  3. 3 Length of reasonable notice owed

Ratio Decidendi

Adjudicator found effective notice was not specific or date‑certain until January 21, 2014; applying Bardal factors to a 54‑year‑old technical AutoCAD employee with 7.13 years’ service and limited local re‑employment prospects, claimant was entitled to 25 weeks reasonable notice. Damages calculated as 25 weeks’ wages ($20,081.25) plus vacation ($2,395.00) and benefits ($500.00) totalling $22,976.25; prejudgment interest $500.00 and costs $243.55, for a total judgment of $23,719.80. Employment Insurance benefits are not deductible from the award; any statutory EI repayment is a matter for Service Canada/parties to resolve.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay damages $22,976.25
  • Defendant to pay prejudgment interest $500.00