Summers v. Oz Optics Limited
Termination of Employment: Common Law Notice and Mitigation
Summary
A case involving the termination of employment after 3.5 years of service for a 61-year-old employee in a specialized technical position. The court determined the appropriate common law notice period, found the employee's mitigation efforts reasonable, and ruled that a non-compliant termination clause is void, entitling the employee to full common law notice.
Outcome
Employee awarded full common law notice period, less amounts already paid, and deemed to have reasonably mitigated damages.
Award
Six months' notice period, less amounts already paid.
Key Factors
- common law notice
- mitigation of damages
- termination clauses
- ESA compliance
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.