Dismissal Without Cause (Age 50 to 65)(WDD-Professional)

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Date Retrieved:	2025-04-01
CLNP Page ID:	2481
Page Categories:	[WDD-Professional]
Citation:	Dismissal Without Cause (Age 50 to 65)(WDD-Professional), CLNP 2481, <>, retrieved on 2025-04-01
Editor:	Sharvey
Last Updated:	2025/03/05

Marshall v. Watson Wyatt & Co., 2002 CanLII 13354 (ON CA)

The plaintiff was a communications consultant. She accepted the defendant's offer of employment over a competing offer when told that she would be offered an equity position and a future role internationally. She was given the title of Director of Organizational Communications Practice Canada. Her employment was terminated a year later. She brought an action for damages for wrongful dismissal. The defendant alleged cause for dismissal, but by the time of the trial no longer disputed its liability to the plaintiff. Damages alone were in issue. The case was tried before a jury. The jury found that the plaintiff was entitled to damages equivalent to 12 months' notice, consisting of 9 months' reasonable notice and a further 3 months for bad faith conduct in the way the defendant dismissed her. The jury also awarded punitive damages of $75,000. The defendant appealed.

Held, the appeal should be allowed in part.