Whitten & Lublin Professional Corporation, McCague Borlack LLP
Plaintiff
JIMMY HOW TEIN FAT
Law Firm
Whitten & Lublin Professional Corporation
Lawyer(s)
Daniel A. Lublin
Nasyr Asmi
Defendant
PRGX CANADA CORP.
Law Firm
McCague Borlack LLP
Lawyer(s)
Martin A. Smith
Facts: After 29 years with PRGX, Jimmy How Tein Fat was terminated due to restructuring. He sought damages for 24 months' notice, asserting entitlements beyond the 34 weeks of severance provided.
Issues: Appropriate notice period, mitigation of losses, entitlement to bonus, vacation pay, and damages calculation.
Ruling: The court awarded How a 24-month notice period, with total damages of $1,593,933.06, reduced by severance already paid, resulting in $1,323,401.86 plus applicable benefits and interests.
Key Points:
How's long tenure, senior position, and age justified a 24-month notice period.
How made reasonable efforts to mitigate his losses, and PRGX failed to prove otherwise.
Entitlement to bonuses and vacation pay during the notice period was upheld.
Amount Awarded: $1,323,401.86 plus group health benefits until July 29, 2024.
