Battiston v. Microsoft Canada Inc.
Wrongful Dismissal: 23-Year Employee Awarded 23.75 Months Notice and Damages
Summary
A wrongful dismissal case involving a 23-year employee who was terminated at age 53. The court awarded 23.75 months' notice, found bonuses and merit increases integral to compensation, and held termination provisions in stock award agreements unenforceable. Mitigation of damages was also considered.
Outcome
plaintiff awarded damages for lost bonuses, unvested stock awards, and reasonable notice period
Award
23.75 months' notice, damages for lost bonuses and merit increases, and unvested stock awards
Key Factors
- reasonable notice period
- bonuses during notice period
- termination provisions in stock award agreements
- 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.