An employee who held the position of Vice President of Sales and was paid a salary of $536,365.00 per year was awarded 12 months notice for being wrongfully dismissed by his employer.
The employer dismissed the employee alleging cause on the basis that the employee stole carpet from his employer and had it installed at his home at the employer’s cost. The employer also alleged that the employee caused the employer to substitute a lower quality steel for the steel specified in the purchase order of one of the employer’s customers.The lower court found that the employer’s evidence did not support a claim of cause and awarded 12 months notice and 9% of a dividend paid on the class of shares owned by the employee. On appeal by the employer, the court upheld the lower court’s decision that the employee had not failed to mitigate his damages as alleged by the employer, however, overturned the lower court’s decision of awarding the 9% of a dividend on the employee’s shares.
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