TGC lawyer Blair Curtis has won an award at trial of over $250,000 for a terminated employee. That award includes pay in lieu of notice, interest and costs.
The employee was 65 years old and had worked for the employer for about 10 years as Chief Estimator for BC.
At trial the former employer argued that the employee should only be entitled to severance equivalent to 10 to 12 months of notice. The Court rejected that argument.
The Court preferred Blair’s argument that the employee should be entitled to base notice of 18 months.
Significantly, the Court affirmed and reinforced the importance of age as a factor in determining an employee’s notice period (which determines an employee’s entitlement to severance pay).
The Court agreed with Blair’s argument that at age 65 the employee was entitled to a much higher notice award than the former employer urged upon the Court.
You can read the full decision here.