Dismissal And Employment Law Newsletter - - Length of Service

Dismissal And Employment Law Newsletter - - Length of Service
After dismissing 21 year employee, employer provided employee with minimum notice entitlements under Employment Standards Act, 2000 (Ont.) plus access to career transition counselling

By: Howard A. Levitt ; Editor: Stephanie Wiebe

EMPLOYMENT — Wrongful dismissal — Mitigation — Employer was insurance company with whom employee had held number of claim adjustor positions over 21 years and three months — Employee was dismissed at age 52 while employed in intermediate level position adjusting automobile insurance claims exclusively — Employer provided employee with minimum notice entitlements under Employment Standards Act, 2000 (Ont.) plus access to career transition counselling — Employee brought action against employer for damages for wrongful dismissal — Employee brought motion for summary judgment — Motion granted — Reasonable notice period was 16 months’ compensation plus benefits and RRSP contributions, less payments received from employer under Act and subject to trust in favour of employer for any amounts earned during remainder of notice period — Reduction of 10 per cent for failure to mitigate as submitted by employer was not reasonable or warranted in circumstances — Efforts of employee in searching for comparable employment had been reasonable in all respects — There was no merit in employer’s position that employee had not diligently pursued comparable employment for approximately five weeks following her termination since authorities indicated employee was not expected to immediately begin search for new job — Restricting job search to areas within reasonable commute time in large employment marketplace with increasingly onerous commute times did not render employee’s job search unreasonable — Employer did not establish that any positions suggested by employer to which employee had not applied would have resulted in comparable employment had she applied.
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