Showing posts with label Older Workers. Show all posts
Showing posts with label Older Workers. Show all posts

Wednesday 31 December 2014

Stated Intention to Retire May Reduce Wrongful Dismissal Damages

Can publicly announcing one’s intention to retire from employment serve to reduce an employee’s entitlement to wrongful dismissal damages if the employee is later terminated without cause?

According to a decision from the Ontario Superior Court of Justice, Kimball v Windsor Raceway Inc, 2014 ONSC 3286, an employee’s stated intention to retire and therefore not look for new employment following termination "may well be relevant in assessing what constitutes reasonable notice.”

Sunday 10 June 2012

E-mail Entitles Employee

A lesson to Human Resources personnel: beware what you e-mail.  In a decision released May 18, 2012, Bennett v. Sears Canada Inc., 2012 ONCA 344, the Court of Appeal for Ontario affirmed a decision in which a long-service employee was awarded full post-retirement health and welfare benefits, notwithstanding the fact that she did not meet the strict wording of the employment policy.

Wednesday 6 June 2012

Getting Time to Think

A common question asked by people in high-stress situations is “Can I have a moment to think?”  A recent decision from the Ontario Superior Court would appear to affirm that one can.

In the case of Rubin v. Home Depot Canada Inc., 2012 ONSC 3053 the Honourable Justice Thomas R. Lederer held that notwithstanding that an employee had signed a “release” in favour his employer with respect to his entitlements on dismissal, given the way in which the release was put to the employee and signed, the release would not bind the employee.

Sunday 15 April 2012

Are Older Employees Entitled to More Severance?

Are older employees entitled to more severance?

While it is often repeated by Ontario employment lawyers that the ‘rough upper limit’ for notice periods is 24 months, baring “exceptional circumstances” (see e.g. Lowndes v. Summit Ford Sales Limited, 2011 ONCA 469), the case of Hussain v. Suzuki (2011), 209 A.C.W.S. (3d) 101 (ON SC) demonstrates that the employee’s advanced age can qualify as “exceptional circumstances” warranting a greater amount of reasonable notice.