Humphrey v. Mene at the Court of Appeal
A few months ago, the Ontario Court of Appeal decided the appeal in Humphrey v. Mene - I commented about the ONSC decision back in 2021 . The appeal succeeded, partially, on one point: The Court of Appeal found that declining a position with equivalent compensation several months into the notice period, she acted unreasonably and failed to mitigate. However, there's some good discussion of the other unsuccessful grounds of appeal relating to the length of the notice period, and aggravated and punitive damages. Reasonable Notice Period The Employer argued that, in light of her relatively modest salary, the Court shouldn't have viewed her as such a senior and high-responsibility employee. The Court of Appeal's commentary on this is pretty good: On the facts, the salary is more indicative of the means of the company than her own level of responsibility. While a twelve month notice period was at the high end, it wasn't outside the range of permissible outcomes. Bad Faith ...