In S. v. L. Golf Inc., 2024 CanLII 103671, an Ontario court awarded a seasonal employee five months of pay in lieu of notice despite only one month of service. This decision highlights an important point for employees: short service does not always mean short notice, especially where the role is specialized, and the timing of the dismissal makes comparable work difficult to find.
The Facts
The employee was a 51-year-old golf superintendent with approximately 15 years of experience. He accepted a new position in May 2022 after responding to a rare late-season posting. Less than one month later, the employer terminated his employment without warning, citing complaints from staff. The employee received two weeks’ pay on termination.
The Court’s Decision
The court rejected the employer’s claim that there was cause for dismissal. The court found that the alleged performance concerns were not supported by the evidence. The employee was not given an opportunity to improve, and much of the employer’s evidence was unreliable or based on hearsay. As a result, the dismissal was treated as without cause.
Why the Court Awarded Five Months’ Notice
Despite the employee’s short tenure, the court awarded five months of notice based on the surrounding circumstances.
- Specialized role: The employee worked in a highly specialized position, which limited the number of comparable opportunities available to him.
- Timing of termination: He was dismissed in early June, when most comparable seasonal roles had already been filled.
- Age: At 51, the employee faced additional challenges in securing similar work.
- Job market realities: The evidence showed that golf superintendent roles are typically filled well before the season begins.
The court emphasized that the timing of a dismissal can have a major impact on notice entitlements for seasonal employees.
Mitigation
The employee made reasonable efforts to find other work and was able to secure short-term employment. The employer did not show that comparable positions were available or that the employee failed to take reasonable steps to mitigate his losses.
Moral Damages
The court found that the employer acted in bad faith by advancing serious allegations against the employee that were not proven. However, the court awarded only $100 in moral damages because there was no evidence of harm beyond the normal distress that can follow a termination.
Final Award
The employee was awarded five months’ pay in lieu of notice, along with vacation pay on that amount, less mitigation income and amounts already paid.He was also awarded $100 in moral damages. The total award was approximately $34,000 plus interest.
Key Takeaways for Employees
Short service does not always mean short notice. Even a brief period of employment can lead to a significant notice award where the circumstances make replacement work difficult to find.
Timing matters in seasonal work. A mid-season dismissal may have a serious effect on an employee’s ability to obtain similar employment.
Specialized employees may have stronger notice entitlements. Courts will consider whether an employee’s experience and skills are tied to a narrow field.
Cause must be proven. Employers cannot rely on unproven allegations of misconduct, incompetence, or dishonesty to justify a dismissal for cause.
Employees must make reasonable efforts to mitigate. But if an employer argues that an employee failed to do so, the employer must lead evidence that comparable jobs were available.
Bad faith can result in additional damages. Even where the additional amount is modest, courts may still recognize unfair treatment at termination.
What This Means for Employees
This case is a reminder that notice entitlements depend on more than just length of service. For seasonal employees in specialized roles, the timing of a dismissal and the availability of comparable work can significantly affect what reasonable notice looks like.
If you are dismissed from a seasonal or specialized position, it may be worth getting legal advice before accepting a severance offer. Contact Monkhouse Law Employment Lawyers to book your free 30-minute consultation.
This blog is for general information only and does not constitute legal advice.