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In Evans v Teamsters Local Union No . 3 1 , Evans was an employee who was fired without just cause. After several months of
In Evans v Teamsters Local Union No Evans was an employee who was fired without just cause. After several months of unsuccessful negotiations over the size of his severance package, the employer told Evans to return to his former position and work out the rest of his reasonable notice period. Evans rejected this offer and sued the employer for wrongful dismissal damages. This case went all the way to the Supreme Court of Canada, which decided that:
Evans was entitled to punitive damages because of the harsh way in which his employer had treated him during the negotiations
Evans was entitled to reasonable notice damages of months, based on the Bardal
factors
Evans was not entitled to any wrongful dismissal damages because he had tried to blackmail his former employer into hiring his wife
Evans was not entitled to any wrongful dismissal damages because he failed to mitigate his losses by returning to the job from which he had been previously terminated to work out his notice period
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