Canadian HR Reporter, 2021
directly to top management.
The court also found that economic con-
ditions in the global oil market created diffi-
culties for both the Total group of companies
and the Calgary economy. This also affected
Cordeau-Chatelain's ability to find employ-
ment after her termination — she didn't find
suitable employment until July 2020, more
than three years later, and it was in a differ-
ent profession in a different city. After three
years of unsuccessful searching, Cordeau-
Chatalain retrained as an executive coach
and found a job in Vancouver as a leadership
coach.
The court also considered the fact that
Cordeau-Chatelain had been living in Paris,
France, for more than three years at the time
of her termination. This caused her to lose
touch with her network of business contacts
back in Canada. These factors made her
search for new employment more difficult,
the court said.
Finally, the court noted that her gender
was another factor limiting her job pros
-
pects at the management level of the in-
dustry, particularly when combined with
her age.
The court determined that Cordeau-Chat-
elain was entitled to 18 months' notice. It dis-
agreed with TEPCA's argument that because
she didn't use outplacement counselling that
it offered her, she didn't mitigate her losses.
The evidence indicated that she conducted a
thorough job search, contacted colleagues,
hired job-search assistance services, and de
-
cided to change careers after a lengthy period
without success. Cordeau-Chatelain's efforts
were reasonable, said the court.
The court also decided that TEPCA was
on the hook for retraining expenses that
Cordeau-Chatelain incurred, because it was
the wrongful dismissal that caused those ex
-
penses. It only subtracted $1,800 from her
expense claim because it was for a resumé
consultant — a service that was part of the
counselling services from TEPCA that she
refused.
TEPCA was ordered to pay Cordeau-
Chatelain a total of $495,081.12 — consist
-
ing of $326,349 pay in lieu of 18 months'
notice; health and insurance benefits over 18
months; pension and savings plan contribu-
tions; $49,825.38 in incentive bonuses that
she would have earned during the notice pe-
riod; and $18,357.12 in retraining expenses.
For more information, see:
• Cordeau-Chatelain v. Total E&P Canada
Ltd., 2021 ABQB 794 (Alta. Q.B.).
November
17,
2021
|
Canadian
Employment
Law
Today
CREDIT:
HJBC
iSTOCK
The worker never reached
a top management job, but
she achieved the 'top of the
middle-management range.'
