wrongful dismissal

Wrongful dismissal: How long do you have to look for another job?

Wrongful dismissal: How long do you have to look for another job?

If you successfully sue for wrongful dismissal, one of the things a court will consider when assessing how much compensation you should receive is whether you have mitigated your damages by making adequate efforts to look for a new job. The problem, particularly for older workers, can be that after a few months of looking for work, it may become apparent that there isn’t much out there for senior ... »

Fired teacher gets 12 months plus LTD to age 65

Fired teacher gets 12 months plus LTD to age 65

A wrongfully dismissed computer studies teacher was awarded 12 months’ pay plus payments in lieu of long term disability for 11 years until age 65. This case re-affirms that employers must continue LTD coverage for wrongfully dismissed employees during statutory and common law notice periods or the organization will have to foot the bill if a former employee becomes disabled once they are no longe... »

Fired 55-year old man gets $346,000 after three years

Fired 55-year old man gets $346,000 after three years

A recent Ontario Superior Court case confirms once again that there is no specific “rule of thumb” that wrongfully dismissed employees should receive about one month of salary for each year of service. An Ontario man working in the trucking, freight forwarding and logistics industry who was fired after three years on the job as Country Manager of CEVA Freight Canada Corp was awarded 14 months of p... »

Fired older employee may have reduced duty to mitigate

Fired older employee may have reduced duty to mitigate

Employees who are fired and are seeking damages for wrongful dismissal must mitigate their damages by answering job ads, handing out resumes and networking. However, a recent decision of the Supreme Court of British Columbia suggests there may be a lesser onus on older workers to seek alternative work. Edwin Dodge was 59 years old and had been employed by Signature Mazda in Richmond B.C. for just ... »

Fired long-term employee gets $65,000 bridge to unreduced pension

Fired long-term employee gets $65,000 bridge to unreduced pension

The Ontario Superior Court of Justice recently awarded a 53 year-old employee fired after 31 years of service damages for wrongful dismissal plus $65,000 because he was less than 17 months away from an unreduced pension at the time of his termination. He also got $30,000 to replace the retiring allowance he lost. Matthew Arnone was employed by Best Theatronics Limited, a manufacturer of nuclear me... »

Plans to retire may limit award for wrongful dismissal

Plans to retire may limit award for wrongful dismissal

  A series of recent court cases have confirmed that with the elimination of mandatory retirement, even people aged 65 or older may be entitled to significant damages for wrongful dismissal if they are fired. However, the decision of the Ontario Superior Court of Justice in Kimball v. Windsor Raceway illustrates that where an employee has indicated his intention to retire by a certain date an... »

Fired because of your age? Talk to a lawyer!

Fired because of your age? Talk to a lawyer!

  A recent blog by Toronto employment lawyer Doug MacLeod discussed a December 2012 case where the Ontario Human Rights Tribunal (OHRT) awarded a fired, 68-year old employee with 35 years of service $27,000 in damages for age discrimination. Raymond MacKinnon was self-represented and the employer Celtech Plastics LTD. did not respond to his OHRT application or participate in the hearing. MacL... »

Alberta senior age 72 gets her job back

Alberta senior age 72 gets her job back

      An Alberta Human Rights Tribunal found that a restructuring targeted an employee because of her age and unfairly denied her a job. An Alberta government employee, was rehired at age 72 and awarded back pay after a tribunal ruled she experienced age discrimination when her employment contract was not renewed. She was 67 years old at the time. In a December 2012 ruling, the Albe... »

Octogenarians get $1.16 million for wrongful dismissal

Octogenarians get $1.16 million for wrongful dismissal

    Two recent court decisions send a message that employees who work into their 70s and 80s may be entitled to damages if they’re fired without cause. Two recent decisions of the Ontario Superior Court send a clear message that employees who work into their 70s and even their 80s may be entitled to large damage awards if they are wrongfully dismissed. This applies regardless of whether ... »