![]() reaffirms that unfairness and hurt feelings alone should seldom warrant an award for aggravated or “mental distress” damages resulting from the termination of employment. Although such evidence is not strictly required for mental distress damages to be awarded, Justice Goepel found that the absence of any evidentiary foundation showing “serious and prolonged disruption that transcends ordinary emotional upset or distress” was fatal to the plaintiff’s claim for aggravated damages in this case.Ĭottrill v. Cottrill’s mental state following her termination. Justice Goepel of the Court of Appeal observed that there was no evidence from the plaintiff, family members, friends, physicians, or other experts regarding Ms. The British Columbia Court of Appeal agreed with the company and overturned the lower court’s $15,000 mental distress award. Utopia subsequently appealed, arguing that the trial judge erred in awarding mental distress damages “in the absence of any evidence of actual harm.” Utopia contended that the degree of mental suffering caused by the dismissal was not sufficient to warrant compensation. ![]() The trial judge reasoned that “the events clearly had a profound effect on the plaintiff” because amongst other things, she cried, “went numb,” and had to leave work early on one occasion because she was so upset. Cottrill the 8 weeks’ severance pay she was entitled to pursuant to the termination provisions of her employment contract, as well as $15,000 in aggravated damages for bad faith in the manner of dismissal. Cottrill to performance standards which it had not previously required her to meet, failed to provide her with a fair and reasonable assessment of her performance, and gave no meaningful attention to the improvement they said they were looking for. The trial judge found that Utopia had unreasonably sought to hold Ms. Cottrill that Utopia did not have cause to terminate her, and that dismissal was not a just and proportionate response to her alleged performance issues. The British Columbia Supreme Court agreed with Ms. Cottrill was in fact terminated for the alleged performance deficiencies. Cottrill and gave her a letter stating that she had three months to improve her performance or she would be terminated from employment. Two members of senior management then met with Ms. Cottrill had worked for Utopia for a decade when, in January 2015, the company became concerned with her job performance. Utopia Day Spas and Salons Ltd., a recent decision of the British Columbia Court of Appeal, the Court set aside an award of $15,000 in aggravated damages to a wrongfully dismissed employee on the basis that “there was no evidence that the manner of dismissal caused the respondent mental distress beyond that caused by the dismissal itself.”Īt trial, the plaintiff, Jennifer Cottrill, sought damages for wrongful dismissal against her employer, Utopia Day Spas and Salons Ltd. You will also find in the Main House our Champagne Bar and the South Drawing Room, where the tradition of afternoon tea is continued in high style.Īll of this, set in 120 acres of rolling parkland, makes Alexander House & Utopia Spa truly a relaxation destination like no other.In Cottrill v. The hotel boasts two awarded restaurants - our 3-AA rosette fine dining restaurant, ' AGs, and the 2-AA rosette brasserie-style restaurant, ' Reflections', which features a beautiful courtyard for al fresco summer dining. Today, the dramatic Jacobean chimney tops oversee an estate transformed, with 57 individually designed rooms & suites, a 2-bedroom private residence ' The Gatehouse', and of course, our iconic Utopia Spa featuring our much-loved outdoor hot tubs and barrel sauna.įood & drink is at the heart of Alexander House, which is headed up by our Executive Head Chef Darrel Wilde. Our extraordinary 5 Star Hotel in West Sussex, Alexander House & Utopia Spa, is the perfect destination for a romantic getaway, a relaxing spa experience, a grand celebration or an intimate gathering with the ones you love.ĭating back to the 17th century, Alexander House was once the home of the famed poet Percy Bysshe Shelley, and legendary author Mary Shelley. Escape to the great British countryside and visit our Jacobean manor with 120 acres of beautiful gardens for you to explore.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |