Larry Patterson v IBM Canada Limited

2017 ONSC 1264 (CanLII)Decided Wrongful dismissal

Wrongful Dismissal: 22-Year Employee Awarded 18 Months Notice and Pension Contributions

Summary

A wrongful dismissal case where a 67-year-old employee with 22 years of service at IBM Canada was terminated without cause. The court determined a 18-month notice period using Bardal factors and awarded pension contributions as damages, denying bonus and health benefits claims due to insufficient evidence. The discounted approach was applied to account for future mitigation.

Outcome

plaintiff awarded 18 months' notice and pension contributions as damages

Award

18 months' salary and 6% pension contributions awarded as damages

Key Factors

  • wrongful dismissal
  • reasonable notice
  • Bardal factors
  • mitigation of damages
  • discounted approach

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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.