View cases - Stewart McKelvey

- 26 -[60] In Trask, the employer wrongfully accused the employee of theft of a small quantityof motor oil. He dismissed the employee for cause and proceeded to inform prospectiveemployers of this accusation. The Newfoundland Supreme Court – Court of Appeal approvedof the trial judge’s award of 18 months notice for the seven year employee, finding that themanner of dismissal was relevant in this case. The trial judge had tacked an additional ninemonths to what would normally have been a nine month award for the reason that thewrongful accusation of involvement in theft would increase the amount of time that theemployee would need to find alternate employment. In addition, the appeal court approvedthe award of $4,000.00 as damages for mental distress, finding no overlap as the extension ofnotice to a period of 18 months reflected estimated additional wages lost by the employeeand the award of $4,000.00 was for pain and suffering.2011 SKQB 318 (CanLII)[61] In Jivrag, the employee, a parking attendant with over five and a half years service,was wrongfully accused of altering the time slips and converting the money to his own use.The employer had also refused to provide a letter of reference. The trial judge determinedthat the allegation of theft was totally unsubstantiated and that the employee was wrongfullydismissed. While he would have ordinarily awarded six months pay in lieu of notice, thejudge found that the employee had suffered great mental anguish as a result of the allegationof theft and increased the award to 15 months salary in lieu of notice.[62] I am of the opinion that Mr. Coppola has established grounds for an award ofaggravated damages for mental distress resulting from the manner of his dismissal fromCapital Pontiac. I find that on June 28, 2002, when Mr. Axelson delivered the news to Mr.Coppola that he was being laid off due to reorganization of the dealership, Mr. Axelson did