A 65 year old Container Lift Operator, with no supervisory duties was awarded 18 months notice after 18 years service, in spite of the employer’s argument that 8 weeks’ notice was enough given his (allegedly) non-responsible job duties.
Aside from being a fairly straightforward case based on principles relevant to reasonable notice and mitigation, the case contains a useful analysis of the effect of termination clauses in a series of fixed term employment agreements, the requirement of consideration for an employer’s requirement that an employee agree to clauses during employment, and the basic principle that termination for lack of funding is no different for reasonable notice purposes than any other wrongful dismissal.
The Ontario Superior Court in Altman v. Steve’s Music, 2011 ONSC 1480 (CanLII) handed down an important decision in a wrongful dismissal case where the dismissed plaintiff sought and recovered substantial punitive damages.
The Honourable Madam Justice Loo of the British Columbia Supreme Court recently dismissed a defence of just cause in a wrongful dismissal case, with a comprehensive and thoughtful analysis of recent leading cases which guide the court on subjects including just cause, fiduciary duty of employees, incompetence, conflict of interest, insubordination, condonation, conflict of interest, and quantification of damages for failiure to give reasonable notice.
Russo v. Kerr, 2010 ONSC 6053, a decision of the Ontario Superior Court, addresses some of the more esoteric elements of the interplay between wrongful/constructive dismissal and mitigation of damages. Russo is noteworthy for the approach it takes to the question of an employee’s right to sue for damages during a period of working notice.
The Ontario Superior Court of Justice found that Mr. Taylor was entitled to damages for loss of stock options after his wrongful dismissal.
On June 12, 2009, the BC Supreme Court awarded a 53 year old “Millyard Systems Manager” with slightly more than 20 years’ service, damages based on a 19 month notice period, with a one month deduction for the possibility of mitigation earnings, as the decision was handed down well in advance of the expiry of the notice period.
I have known Blair Curtis for most of his legal career - for 12 years at least - and have received his excellent counsel on multiple occasions over that time. Blair always takes the time to provide a detailed explanation whenever needed or requested, yet remains extremely efficient in providing legal services. I have realized great benefits from his legal advice, and strongly recommend his services to anyone who needs an experienced and effective employment lawyer.