Wolfman v. Rocktenn-Container Canada, L.P.

2015 ONSC 1432 (CanLII)Decided Termination

Termination Without Cause: 16-Year Employee Awarded 16 Months Notice

Summary

A termination without cause case where a 52-year-old employee with 16 years of service was awarded 16 months' notice period based on age, service length, and job-specific skills. The plaintiff was also compensated for benefits and bonuses during the notice period and acted reasonably in mitigating damages by securing employment within 11 months.

Outcome

plaintiff awarded damages for base salary, group insurance, pension contributions, and car allowance during reasonable notice period

Award

16 months' notice period, base salary, group insurance, pension contributions, and car allowance during notice period

Key Factors

  • termination without cause
  • reasonable notice
  • mitigation of damages

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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.