Paint-store manager awarded 18 months’ notice

|Canadian Employment Law Today

Neilipovitz v. ICI Paints (Canada) Inc., 114 A.C.W.S. (3d) 70 (Ont. S.C.J.)

Neilipovitz began working for St. Clair Paint, a predecessor company of ICI Paints, in 1978. She became manager of a store in 1986. In 1990 the stores were sold to St. Clair – Colour Your World. The defendant, ICI, purchased some of the assets of St. Clair – Colour Your World in 1997, including the store the plaintiff managed. ICI offered Neilipovitz employment at the same salary — an offer she accepted. One month later she was dismissed without cause.

She received severance in accordance with the previous St. Clair – Colour Your World termination policy. The plaintiff sought damages for wrongful dismissal claiming she was not bound by the previous policy.