$1.7 million dollars in damages awarded for a wrongful dismissal case. Daniel Lublin, founding partner of Whitten & Lublin and Nasyr Asmi, associate of Whitten & Lublin, obtained an incremental $1.2 million dollars from the original company’s offer, for their client Mr. How.

Background:

Jimmy How Tein Fat, the plaintiff, was terminated from his position as a Senior Executive at PRGX Canada Corp. after 29 years of employment, due to a restructuring. The company’s original severance offer was for just over 8 months’ pay and didn’t include his significant bonus compensation and other elements of his pay. He contended that as a senior employee at 63 years old, he was entitled to a 24-months’ severance and pay in lieu of the bonuses that he was historically receiving, based on his divisional performance Mr. How was seeking damages for the difference. PRGX Canada Corp., alleged that Mr. How failed to mitigate his losses by not looking for another job, resulting in Mr. How’s entitlement to be eight months.

Case details:

The court deliberated on the length of Mr. How’s severance, based on his seniority, on his entitlement to bonus and if Mr. How took reasonable steps to mitigate his losses by looking for comparable work.

Due to Daniel Lublin and his team’s successful arguments addressing all the issues in question, showcasing their exceptional expertise in employment law, the court found in favour of Mr. How, on every single aspect of the case.

Results:

The court found Mr. How entitled to a 24-month notice period without reduction for alleged failure to mitigate. Calculation of damages was detailed, including salary, bonus, vacation, and benefits. In total, the court awarded Mr. How $1.7 million less monies already received from the company. This equated to an incremental $1.2million. Mr. How was also awarded a large portion of his legal costs.

The case demonstrates the importance of having senior and experience lawyers handle an important matter such as this. The company made several arguments to try to avoid paying Mr. How his full severance entitlement, which were all successfully rebutted by Whitten & Lublin’s lawyers.

How Can Individuals Contact Whitten & Lublin Regarding Wrongful Dismissal?

At Whitten & Lublin, we understand that facing a wrongful dismissal can be a stressful and challenging experience. Our experienced employment lawyers can help you navigate your legal options and ensure that you receive the compensation you deserve. We encourage anyone affected by the recent layoffs in Canada to contact us for a consultation either online or by phone at (416) 640-2667 today.