In many instances employers will litigate against the assumption
of a power imbalance, an employee viewed as the party in need of
protection. This is seen in the way employment contracts are
interpreted in wrongful dismissal claims, and how actions and
decisions of employers are scrutinized. One certainty for employers
is when found to do nothing wrong, when your case has been proven,
you are not liable for damages. Recently an Ontario Superior Court
decision found otherwise.
In a case that left both parties scratching their heads, Justice
Ray ordered common law damages against Enablence Canada Inc.
despite no finding of liability.
The case, Muntean v Enablence Canada Inc., was
a claim for wrongful dismissal damages by Mr. Muntean, an engineer
laid-off after 6.5 years of employment. The employment relationship
was based on a 3-year written contract that provided for 6-months
of notice if terminated by the employer, required 3 months'
notice if ended by resignation,
