King v. Biochem Therapeutic Inc. Flashcards
Who was Dr. King and what was the dispute with Biochem?
Dr. King was an American scientist recruited by Biochem to work in Montreal. She was terminated after 10 months, with Biochem claiming it was for a serious reason (CCQ 2094).
What did Dr. King argue regarding her termination?
That there was no serious fault, and therefore her termination should fall under CCQ 2091, entitling her to reasonable notice or severance.
Did the court accept Biochem’s argument that Dr. King was fired for a serious reason (CCQ 2094)?
No, the court ruled that Biochem failed to prove a serious reason, and that CCQ 2091 applied instead.
How much severance pay did Dr. King receive under CCQ 2091?
12 months’ salary ($125,000), even though she had only worked for 10 months, due to special circumstances like her relocation from the U.S.
What material damages did Dr. King receive?
$18,000 – Relocation costs
$3,000 – Value of lost stock options
$27,800 – Lost Quebec tax credit benefit
✅ Total material damages = $48,800
Why did the court award Dr. King moral damages?
For the stress, anxiety, and damage to her reputation from the unjust and harsh dismissal.
How much did she receive in moral damages?
$50,000 total, split into:
$25,000 for emotional harm
$25,000 for reputational damage
Did Dr. King receive compensation for lost medical or dental benefits?
No, the court denied this claim.
Did she receive her bonus under her contract?
No, because the bonus was discretionary and not guaranteed.
What was the total award granted to Dr. King?
Approximately $240,000, including severance, vacation pay, material, and moral damages.
What does this case illustrate about the burden of proof under CCQ 2094?
The employer must prove the serious reason for termination. If they fail, CCQ 2091 applies, requiring reasonable notice or severance.
How does the court determine “reasonable notice” under CCQ 2091?
By considering the nature of the employment, circumstances (like relocation), and length of service.
