Krmpotic v. Thunder Bay Electronics Limited

Background

• Employment: Krmpotic worked for TBEL and Hill Street for nearly 30 years, ending his employment as a Building Maintenance Supervisor.
• Termination: Terminated without notice on June 13, 2016, after returning from back surgery.
• Claims: Sued for wrongful dismissal, seeking damages for mental distress and aggravated/moral damages, capped at $100,000.

Trial Court Findings

• Notice Period: Awarded 24 months minus 16 months’ salary already paid.
• Mental Distress: Denied due to insufficient medical evidence.
• Aggravated Damages: $50,000 awarded for bad faith conduct.
• Liability: TBEL and Hill Street held jointly and severally liable.

Appeal Issues

1. Mitigation: Alleged error in finding Krmpotic unable to mitigate due to physical incapacity.
2. Aggravated Damages: Alleged error in awarding damages without a diagnosable psychological condition.
3. Joint and Several Liability: Alleged error in holding both appellants liable.

Court of Appeal Decision

• Mitigation: Upheld; Krmpotic was unable to perform physical work due to his condition.
• Aggravated Damages: Upheld; bad faith conduct caused significant distress beyond normal dismissal hurt.
• Liability: Confirmed joint and several liability; both entities employed Krmpotic throughout his tenure.

Disposition

• Appeal: Dismissed with $12,000 costs awarded to the respondent.

Total Monetary Award/Costs/Damages

1. Damages for Remaining Notice Period: $48,576 for the remaining 8 months of notice.
2. Aggravated Damages: $50,000 for the manner of dismissal.
3. Costs: $12,000 awarded to the respondent for the appeal.

Total Monetary Award

• Total: $110,576 (including damages and costs).